Townley v. BJ’s Restaurants, Inc.

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At issue before the Court of Appeal was whether section 2802 of the California Labor Code required an employer to reimburse its employees for the cost of slip-resistant shoes as “necessary expenditures . . . incurred by the employee[s] in direct consequence of the discharge of [their] duties.” Plaintiff Krista Townley appealed after the trial court granted summary judgment in favor of defendant BJ’s Restaurants, Inc. (BJ’s) on her sole cause of action under the Labor Code Private Attorneys General Act of 2004, which sought civil penalties on behalf of herself and other “aggrieved employees” for Labor Code violations. Townley worked at a BJ’s restaurant in Stockton, California as a server. To avoid slip and fall accidents, BJ’s adopted a safety policy that required all hourly restaurant employees to wear black, slip-resistant, close-toed shoes. The policy did not require employees to purchase a specific brand, style, or design of shoes. Nor did the policy prohibit employees from wearing their shoes outside of work. During her employment with BJ’s, Townley purchased a pair of canvas shoes that complied with BJ’s policy but was not reimbursed for the cost of the shoes, which was consistent with BJ’s policy and practice. Because the Court of Appeal concluded the statute did not impose such a requirement, it affirmed judgment. View "Townley v. BJ's Restaurants, Inc." on Justia Law