California Court of Appeal

The trial court's order denying plaintiffs' motion to certify their claims in a wage and hour class action lawsuit alleging violation of meal and rest break requirements and failure to pay overtime, is reversed and remanded, where: 1) evidence that some employees worked under conditions that permitted them to take breaks is not a sufficient basis for denying certification; 2) evidence that staffing companies had diverse meal and rest period policies is not a sufficient basis for denying certification; and 3) the trial court did not identify a proper basis for denying certification of plaintiffs’ overtime claims.

Appellate Information

• Decided 10/16/2013
• Published 10/16/2013

Judges

• ZELON

Court

• California Court of Appeal

Counsel