Class Certification, Rest and Meal Break

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

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

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

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

by Mark Batten | Proskauer - Class & Collective Actions on 3/6/2013

We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

by Rodger Eckelberry | Foley & Lardner LLP on 2/19/2013

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

by Greg Mersol | BakerHostetler on 2/12/2013

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...more

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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

by Dawn Kennedy, Greg Mersol | BakerHostetler on 12/10/2012

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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Class Certification › Rest and Meal Break