Guards’ Class Action for Meal and Rest Periods, Unpaid Overtime to Proceed, California Court Rules in Post-Brinker Decision

Reversing the denial of class certification in an action for meal and rest period violations and unpaid overtime under California law brought by private security guards, the California Court of Appeal has ruled that the plaintiffs’ claims were amenable to class treatment because they alleged that the employer had unlawful, uniform policies regarding meal and rest periods. Faulkinbury v. Boyd & Associates, Inc., No. G041702 (Cal. Ct. App. May 10, 2013). Likewise, the Court held the employees’ claims that the employer incorrectly excluded certain reimbursement payments and bonuses from the calculation of overtime also were subject to common proof and could be resolved on a class basis.