California Court of Appeal

In a class action in which plaintiff alleges that defendant-employer did not provide seats to employees while the employees were operating cash registers at defendant's check-out counters in violation of a Wage Order promulgated by California's Industrial Welfare Commission (IWC), the trial court erred when it decertified the class action because its decertification order was based on an assessment of the merits of plaintiff's theory rather than on whether the theory was amenable to class treatment.

Appellate Information

• Decided 05/16/2014
• Published 05/16/2014

Judges

• McDONALD

Court

• California Court of Appeal

Counsel