Blue Diamond Workers’ Wage, Hour Claims Survive on Fourth Try

Blue Diamond Growers Inc. workers may proceed with their proposed class claims that the California-based almond producer didn’t pay them for putting on and taking off protective gear before and after their shifts and denied them proper breaks, a federal court said.

The workers’ fourth amended complaint adequately sets out all but one claim under the Fair Labor Standards Act and California Labor Code, Judge Kimberly J. Mueller of the US District Court for the Eastern District of California said Tuesday. Their minimum wage claim, however, failed to create “a plausible inference that their pay fell below the state minimum ...