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.
The 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.