Padilla’s claims cover nine subclasses of workers:
- minimum wage subclass
- wages and overtime subclass
- meal period subclass
- rest break subclass
- payroll records subclass
- wage statement subclass
- expense reimbursement subclass
- termination pay subclass; and
- Unfair Competition Law subclass tied to restitution.
The number of employees in Warner Bros. Burbank headquarters and surrounding California facilities can range from 5,000 to more than 10,000 at any given time, largely depending on the level of film and television production. The company does not report hourly worker statistics separately, but the number included in these subclasses could be substantial.
Padilla seeks to represent all individuals employed in California during the past four years. Her lawsuit asks for compensatory, statutory, general, special, and incidental damages, along with unreimbursed expenses, attorney fees, and litigation costs.
Padilla throws the book at Warner Bros.
The complaint details allegedly illegal practices in addition to the minimum wage, overtime, and rest and meal break violations.
According to the complaint, Warner Bros. required Padilla and other nonexempt workers to call in to confirm whether they were needed the same day or the following day, The result, she alleges, is that workers were not paid for on-call or standby time. “Defendants failed to pay for on-call or standby time,” the complaint states, alleging Padilla often had to report to work after calling in, only to receive no compensation for the time she spent on alert.
Padilla alleges nonexempt employees were also shorted for time spent performing tasks before and after their shifts. Those tasks included undergoing security checks and COVID-19 screenings. Warner Bros. reportedly failed to pay for time the employees spent donning and doffing their uniforms before clocking in and clocking out of their shifts. The complaint further claims Warner Bros. failed to reimburse business-related expenses such as mileage for required use of personal vehicles, cellphone costs, and personal protective equipment mandated by the company.
As a result of these practices, Padilla claims that wage statements routinely failed to accurately reflect hours worked, overtime earned, and premium pay owed for interrupted breaks. She alleges Warner Bros. knowingly issued inaccurate statements, including time-rounding entries that underreported hours. Additionally, the complaint claims that Warner Bros. did not provide timely final wages to employees who resigned or were terminated.
California Labor Law Protects Workers
From 2021 through 2025, the years at issue in Padilla’s lawsuit, the California minimum wage ranged from $14.00 per hour for large employers in 2021 to $16.50 per hour in 2025. Many local municipalities, like Los Angeles County have higher minimums – $17.81, as of July 1, 2025. A worker’s regular rate of pay may exceed the minimum but may never be less.
Workers who are covered by minimum wage protections must be paid at their regular rate of pay for any time the employee is subject to the employer’s control. This includes all time during which they are “suffered or permitted to work,” even if not required to do so. It covers everything from pre- and post-shift tasks and training to restricted on-call time and mandatory security checks. Employees must be paid for nearly all work-related activities, including many breaks and travel hours, excluding time spent commuting to and from work.
READ MORE CALIFORNIA LABOR LAW LEGAL NEWS
Overtime must be paid for hours worked over 40 in a week or over 12 in a day. It is calculated at 1.5 times an employee’s regular rate of pay for these excess hours. Thus, a mistake in calculating either the hours worked or an employee’s regular rate of pay can compound to yield a serious underpayment. It can also lead to reporting errors, which are a separate violation of law.
In California, if an employee is fired or laid off, their final paycheck (including all wages, accrued vacation, etc.) is due immediately at the time of termination. If an employee quits with less than 72 hours’ notice, the employer must pay within 72 hours.
What’s next for Padilla?
The process of discovery will give the attorneys for both sides the opportunity to assess the strength of Padilla’s allegations, after which settlement negotiations will begin. The certification process for the different subclasses will also factor into the company’s estimate of its potential financial exposure. In any event, Padilla’s allegations could turn into a big expensive problem for Warner Bros.
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