Supreme Court of California

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Brinker Restaurant Corp. v. Superior Court (Hohnbaum), S166350

In a putative class action by a restaurant's hourly nonexempt employees claiming that the restaurant failed to provide them required rest and meal breaks, or premium wages in lieu of such breaks, the Court of Appeal's reversal of class certification as to three disputed subclasses is: 1) affirmed as to the off-the-clock subclass, where neither a common policy nor a common method of proof was apparent; 2) reversed as to the rest period subclass, where the trial court did not abuse its discretion in concluding that common questions predominate; and 3) reversed as to the meal period subclass and remanded, where the class definition included individuals with no possible claim, since neither Wage Order No. 5 nor Labor Code section 512 imposes a requirement that a meal period must be provided every five hours.

Appellate Information

  • Decided 04/12/2012
  • Published 04/12/2012


  • Werdegar


  • Supreme Court of California


  • For Appellant:
  • Rex S. Heinke, Kimberly A. Kralowec