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Trial Court Properly Denied Class Certification Of Meal/Rest Break Claims

Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019)

David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by failing to provide employees with required meal and rest breaks and compelling to employees to work off the clock at Eurostar’s Warehouse Shoe Sale retail shoe stores in California. The trial court denied class certification to the claims on the ground that plaintiffs failed to demonstrate common issues of law or fact predominated over individual issues and plaintiffs’ claims were not typical of the class.

The Court of Appeal affirmed denial of class certification, holding Eurostar did not have a uniform practice of denying required rest breaks. The Court also held that individual questions predominate because the evidence of employees feeling pressured to work off the clock was “anecdotal and specific to particular managers, circumstances and locations.” See also Williams v. Impax Labs., Inc., 41 Cal. App. 5th 1060 (2019) (class representative who failed to appeal earlier order striking class allegations could not appeal from second order striking same allegations from amended pleading).

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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
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Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

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