Archive for May 13th, 2013|Daily archive page

Meal and Rest Break Class Can Be Determined on Class-wide Basis

In Certification, Class Actions, Meal and Rest Breaks on May 13, 2013 at 9:15 pm

Coco-park-security-guard (Photo credit: Wikipedia)

On Friday, the Fourth District reversed the denial of a certification of a meal and rest break class of security guards.  Faulkinbury v. Boyd & Associates, Inc., No. G041702, __ Cal. App. 4th. __ (4th Dist. May 10, 2013).  The court reconsidered in light of the California Supreme Court decision in Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1004 (2012), and concluded that the primary issue was the legality of certain company policies, which could be determined on a class-wide basis, even if the application of the policies varied by individual. More later.

Judges & Attorneys

Justice Richard D. Fybel delivered the opinion for the court.  Acting Presiding Justice William F. Rylaarsdam and Associate Justice Eileen C. Moore concurred.

Appeal from an order of the Superior Court of Orange County, Gail Andrea Andler, Judge.

Saltzman, Stanley D. Saltzman, Christina A. Humphrey, Craig Pynes; Class Action Litigation Group, Renee L. Barge; Law Office of Lawrence A. Witsoe, Lawrence A. Witsoe; White & Roseman and Leslie Roseman for Plaintiffs and Appellants.

LightGabler, Jonathan Fraser Light and Angela V. Lopez for Defendant and Respondent.