Tag Archives: Brinker

Court of Appeal Turns Volume Down on Plaintiff in Meal Period Class Action Against RadioShack

By Greg Mersol on December 7, 2012 Posted in Meal and Rest Periods, Retail

Authorship credit: Dawn Kennedy The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy. In 2004, plaintiff Morry Brookler, a former RadioShack employee, asserted claims for meal period violations on behalf of “all non-exempted employees at … Continue Reading

California District Court Refuses to Certify Retail Rest and Meal Period Case

By Greg Mersol on November 26, 2012 Posted in FLSA, Meal and Rest Periods, Retail

In the wake of the California Supreme Court’s decision in Brinker Restaurant v. Superior Court, 165 Cal. 4th 1004 (2012) (see our post on the decision), cases refusing to certify rest and meal period have become far more common as a recent decision from the United States District Court for the Central District of California … Continue Reading

California Trial Court Decertifies Class of 13,000 Wackenhut Employees Under Dukes

By Greg Mersol on August 8, 2012 Posted in Retail, Wage and Hour

What a difference a year or two can make in class action litigation. On March 10, 2010, the Superior Court for Los Angeles County, California certified a class of 13,000 employees in a series of consolidated cases asserting California rest and meal period claims against global security giant Wackenhut. Wackenhut Wage and Hour Cases, Judicial … Continue Reading

Judge Denies Class Certification as California Courts Continue to Weather the Wake of Brinker

By Jeffrey Vlasek on May 22, 2012 Posted in Meal and Rest Periods, Wage and Hour

Sometimes, when a heavily hyped movie arrives in theaters, the tremendous business it generates can have a negative effect on all the other surrounding films. For example, The Avengers landed in American cinemas on May 4, 2012. Since that time, not only has it racked up astronomical box office figures of its own (in fact, … Continue Reading

California Supreme Court Decides Brinker

By Greg Mersol on April 12, 2012 Posted in Meal and Rest Periods

Employers Prevail on Duty to Provide Meal Periods; Mostly Good on Certification “We will decide no case before its time.” Alright, that’s not really the California Supreme Court’s motto, but it certainly did take its time deciding the Brinker case. During the three and a half years the case was pending before the state Supreme … Continue Reading