In an unexpected positive development for employers, the California Court of Appeal has affirmed a trial court’s ruling rejecting a request for class certification in a wage and hour action. Given that class certification has relatively rarely been rejected in recent years, this is a notable decision.
In this case, the plaintiff had brought a complaint containing multiple wage and hour claims, which among other allegations, accused the employer of illegally rounding its employees hours due to a lack of any rounding policy. The trial court rejected the motion for class certification, finding that the plaintiff had failed to establish common questions of law for the purported class; rather, each individual inquiry would need to be performed for each member to establish whether or not violations occurred.
The plaintiff appealed this ruling, and the Court of Appeals affirmed the trial court’s ruling. The higher court also focused upon the requirement for common questions noting that even one reason for denying class certification is sufficient.
The appeals court examined the plaintiff’s allegations related to the employer’s practice of rounding employees’ work time. In California, employers are permitted to round employees’ work time so long as it is performed in a manner that does not change over a period of time, thus resulting in a failure to appropriately compensate employees for the time they have worked.
The court found that no case law has established that the lack...
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