The recent California Court of Appeal decision in Allison v. Dignity Health (June 24, 2025), involving claims over meal and rest breaks, is a reminder that class certification in wage and hour cases is not the end of the story. Even after a class is certified, it can still be decertified if evidence shows that individual issues outweigh common ones. Here are five lessons California employers should take from this important case.
1. Class Certification Is Not Set in Stone
In Allison, two registered nurses sued Dignity Health alleging missed meal and rest breaks, unpaid work time, and related claims. The trial court initially certified the class based largely on time records and a survey showing a high rate of meal-period noncompliance.
But after 19 months of discovery, the employer successfully moved to decertify the class. The Court of Appeal affirmed the decertification, showing that certification can be revisited—and reversed—if new evidence reveals that common proof won’t work for the whole group.
2. Post-Certification Discovery Can Change the Case
What led to decertification? Discovery revealed significant variations in employee experiences:
These differences meant that the court would have to assess individual reasons for missed breaks—making a class action unmanageable. Employers...
One of the nation’s largest specialty wound care providers for nursing home patients has settled a False Claims lawsuit for $45 million, but it continues to reject the allegations of wrongdoing ma...