California Court of Appeal

Denial of class certification is reversed and remanded, where: 1) employees who use their personal cell phones for work-related calls must be reimbursed by their employer pursuant to Labor Code section 2802; and 2) upon remand, the trial court must reconsider the class certification motion pursuant to this Court’s interpretation of section 2802, and must apply Duran principles of statistical sampling evidence to establish either liability or damages.

Appellate Information

• Decided 08/12/2014
• Published 08/12/2014

Judges

• ASHMANN-GERST

Court

• California Court of Appeal

Counsel