News & Analysis as of

Class Certification Brinker

Payne & Fears

No "End Run" Around Brinker Under Section 17200

Payne & Fears on

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Proskauer - California Employment Law

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to...more

Proskauer - California Employment Law

Brinker Round 2: Plaintiffs Secure Class Certification in Trial Court

After the renowned remand from the California Supreme Court, the Hohnbaum plaintiffs in Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) sought to certify meal period claims alleging that all California...more

Nossaman LLP

Did You Know…Court Of Appeal Applies Brinker To Reverse Denial Of Class Certification

Nossaman LLP on

On May 10, 2013, the California Court of Appeals in Faulkinbury v. Boyd & Associates reversed its denial of class certification as to meal period and rest period violations in light of the California Supreme Court’s decision...more

Sheppard Mullin Richter & Hampton LLP

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...more

Sheppard Mullin Richter & Hampton LLP

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

BakerHostetler

Court of Appeal Turns Volume Down on Plaintiff in Meal Period Class Action Against RadioShack

BakerHostetler on

The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy....more

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