Case: Wage & Hour/Meal Breaks Pay (Cal. Ct. App.)

The California Court of Appeal partially granted a writ of mandate petition challenging the denial of class certification for meal period violation claims under the California Labor Code brought by former hourly employees against Volunteers of America of Los Angeles, ruling that the trial court made an erroneous legal assumption by determining that the mere pleading of waiver as an affirmative defense was sufficient to show individual issues would predominate without requiring evidence, and directing reconsideration in light of the Donohue presumption that time records showing noncompliant meal periods create a rebuttable presumption of violations.

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