The Court of Appeals of California has upheld class-action certification allowing several employees to represent over 200,000 fellow current and former employees who claim they weren’t provided appropriate meal periods or premium pay for missed breaks.
Recent case: Several Safeway employees claim that they were almost always expected to work through mandated meal periods and never received the premium pay they should have received for missing those meals. The lower court certified a class of 200,000. The grocer appealed, alleging that the class was too large and didn’t have common characteristics.
The court disagreed and let the certification stand, based in large part of the employer’s own time records, which failed to show the mandated breaks. (Safeway v. Esparza, No. B255216, Court of Appeal of California, 2015)