Partner Jeffrey Fuchsman and associate Rami Yomtov were successful in persuading an Orange County Superior Court Judge to deny class certification of a wage and hour class action filed against one of the Firm’s defense contractor clients. The case involved claims for unpaid wages, and missed first and second meal breaks. The unpaid wages and first meal break claims were based on the amount of time employees allegedly take to clock into the company’s computerized Kronos time keeping system. In denying class certification of the unpaid wages and first meal break claims, the Court agreed with our arguments that the amount of time employees take to clock into Kronos is de minimis, employees are compensated for such time under the company’s time clock rounding policy, the company’s written policies are facially lawful, and that the plaintiff’s claims are too individualized to be decided on a class basis. The second meal break claim was based on the plaintiff’s allegation that the company’s meal break policy did not adequately inform employees of their right to take second meal breaks on shifts over 10 hours. In denying class certification of the second meal break claim, the Court agreed that the company’s second meal break policy was facially lawful, and that whether employees were provided with second meal breaks was also too fact-specific to be decided as a class.
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