WASHINGTON (Legal Newsline) – On Nov. 21, a California appeals court reversed a
trial court’s previous class action decertification on Lubin v. Wackenhut Corp.
The plaintiffs in the suit claimed that Wackenhut
Corp. violated California labor laws by
failing to provide employees with off-duty meal and rest breaks, and also
provided inadequate wage statements.
“The trial court initially granted
plaintiffs’ motion for class certification,” the decision of the Second Appellate Division's Fourth Division said. “However, as the case approached trial, the United States Supreme Court
reversed a grant of class certification on (another case) Walmart v. Dukes.”
The trial court - the Los Angeles Superior Court - reversed its decision to certify a class in the case.
appeals court found that Wackenhut lacked a rest-break
policy and then further implemented a policy that required security officers to
remain on call during their breaks.
The court of appeal also held that the plaintiffs could sue based on inadequate
wage statements, based on Labor Code, section 226. The court explained that certain
required information was missing from the wage statements, which implied that
putative class members were injured.
The appeals court sent the case back to the trial court
for further consideration.
The proposed class consists of 10,000-13,000 security officers.