Wage-related claims may bot be pursued by class of employees due to excessive number of questions regarding reasons for taking breaks

Friday October 5, 2012

Wage-related claims may bot be pursued by class of employees due to excessive number of questions regarding reasons for taking breaks

Tien V. Tenet Healthcare Crop., California Courts of Appeal-2nd District, No. B21433, Oct. 4, 2012 

 In 2006, Kevin Tien, Carole McDonough, and Julia Strain filed a class action against their employer, Tenet Healthcare Corp. The employees alleged Tenet had not paid them additional wages for missed meal periods and rest breaks. In addition, they sought certifications of classes of employees who missed meal periods and employees who missed rest breaks. The trail court certified the missed meal period class, but did not do so for the rest break class. While the case was pending, the Second District held in Brinkley v. Public Storage Inc. that an employer must offer meal periods, but need not ensure the employee takes the break. Due to Brinkley, the trial court granted Tenet's motion to reconsider the certification order, and then denied class certification for all classes. Later, the California Supreme Court decided Brinker Restaurant Corp v. Superior Court, which agreed with Brinkley, and asked the trail court to reconsider its decision in light of Brinker. Affirmed. Under Brinker, the California Supreme Court conclusively established that California only requires an employer to make a meal or rest period available, not that employees must eat their meals or take breaks. With respect to class certification, a court may not certify a class when individual questions predominate over common questions. Here, the trial court found that individual questions regarding particular employees' actions taken in relation to meal periods predominated over any common questions among class members. This court agreed that the reasons any particular employee might not take a meal period would be more likely to predominate. Also, Tenet's employees did not record their breaks and thus, the reasons employees might have declined to take their breaks were predominantly individualized questions. Thus, the trial court's rulings was correct.

Opinion by Justice Rubin

http://beverlyhillsemploymentlaw.com/