By Steven G. Mehta

A new court of appeal case came down that affects the issue of wage and hour and meal and rest breaks and class certification.
Here is the brief info on the case.
State law requires that employers provide employees with breaks but does not mandate that employers monitor employees’ activities to ensure that breaks are taken. The Trial court did not abuse discretion by denying class certification in action by employee alleging violation of the law governing breaks where discovery demonstrated that practices of employer, a restaurant chain, varied widely from location to location–and possibly from one supervisor to another–with some employees saying they got all of their breaks, some that they were denied breaks, some that they did not take breaks, and some that they received only some of the breaks provided for by law, making it reasonable to conclude that individual issues would predominate over class-wide ones.     Hernandez v. Chipotle Mexican Grill, Inc. – filed September 30, 2010, publication ordered October 28, 2010, Second District, Div. Eight
The following is the link to the case.
http://www.courtinfo.ca.gov/opinions/documents/B216004.DOC

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