California Court of Appeals Find Trial Court Erred in Denying Class Action Certification for Workers not Paid Overtime and Given Meal and Rest Breaks – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on March 19, 2013

ReachingA California Court of Appeals has reversed a lower court’s decision to deny class action certification for workers not paid overtime and nor given the appropriate meal and rest breaks.  Bradley v. Networkers Int’l, LLC, 2012 WL 6182473 (Cal. Ct. App. 2012).

Networkers hired workers to provide repair and installation services at the company’s cell sites.  Upon hire, each worker signed a standard contract which stated that the worker was an independent contractor and not an employee.  Later the company replaced the contract with an employment agreement.

Around 140 of these skilled workers then filed a lawsuit claiming they were not paid overtime nor given the appropriate meal and rest breaks.  The trial court denied class certification, but the Court of Appeal reversed the order.

Regarding the meal and rest break and unpaid overtime claims, the Court of Appeals distinguished Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) and held that under this employer’s “uniform practice, none of the workers was provided, or given authorization to take, the required meal or rest breaks” because they had been treated as “independent contractors.”

Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

 

Leave a Comment


6 + seven =

Previous post:

Next post: