California Employers Catch a Break From Unmanageable Wage and Hour Class Actions

In a significant decision that provides support for employers who are pushing back against plaintiffs’ attempts to litigate unmanageable wage and hour claims on a class-wide basis, a California federal court denied a motion for class certification in Ordonez v. RadioShack, Inc., a putative class action on behalf of current and former retail sales associates asserting a variety of claims, including claims for missed meal and rest breaks. The court denied plaintiff’s earlier motion for class certification on the grounds that some evidence of short, skipped, or late meal breaks could not answer the critical liability question of why the break was skipped, late or short, on a class-wide basis.