Three (3) plaintiffs filed a class action complaint against Networkers International, LLC, alleging violations of wage and hour laws including those governing overtime pay, rest breaks, and meal breaks. Plaintiffs moved to certify the class, but the court denied the motion, concluding plaintiffs did not meet their burden to show common factual and legal questions would predominate over individual issues. Plaintiffs appealed. In February 2009, the Court of Appeal filed an unpublished opinion affirming the trial court’s order, concluding the lower trial court’s ruling was not an abuse of discretion. (Bradley v. Networkers International, Inc. (Feb. 5, 2009, D052365) (“Bradley I”).)
In May 2009, the California Supreme Court granted plaintiffs’ petition for review, and ordered the Bradley I case held pending the high court’s decision in Brinker Restaurant Corp. v. Superior Court (2008) 165 Cal.App.4th 25, review granted October 22, 2008, S166350. Three years later, in April 2012, the California Supreme Court issued its Brinker decision. (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 (Brinker).) The court then remanded Bradley I to this court “with directions to vacate its decision and to reconsider the cause in light of Brinker . . . .”
Following the remand, the parties submitted extensive supplemental briefs pertaining to Brinker and other judicial decisions filed after the Bradley I opinion in February 2009. After reexamining the record in light of Brinker, the Court of Appeal, Fourth District – Division One – concluded that the trial court committed reversible error in refusing to certify the class with respect to each of plaintiffs’ claims except for the claims based on alleged off-the-clock violations. With respect to these claims, the Court remanded the case back to the trial court to reconsider the certification issues in light of the Bradley II opinion and Brinker. For a full text of the opinion See http://www.courts.ca.gov/opinions/documents/D052365A.PDF
If anyone has questions about their existing claims against their employer, made against their business or employment law claims in general, please contact Quintilone & Associates for more information.