Nurses Must Go It Alone: Federal Court Denies Class Certification on California Meal & Rest Break Claims

Despite the effort of the California Supreme Court to set forth definitive guidelines on meal and rest period obligations in last year’s seminal Brinker Restaurant decision, employees continue to bring numerous class actions alleging their employers have a common policy or practice of unlawfully denying meal and rest breaks.  By suing on behalf of a class, plaintiffs’ counsel seek to increase the potential damages in a lawsuit and thus exert more pressure on employers to settle rather than risk an adverse judgment. 

While some employees have succeeded in obtaining class certification, in the aftermath of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, which emphasized a rigorous standard for class certification, some courts have denied class certification where there is insufficient evidence that all of the employees in the putative class were treated unlawfully. 

Roth v. CHA Hollywood Medical Center is an example of how the application of Dukes can result in denial of class certification in the missed meal and rest breaks cases that continue to plague employers.  The plaintiffs in the case claimed the hospital failed to provide nurses two legally required meal periods and three rest breaks when they worked 12 hour shifts.  They alleged the hospital was understaffed, did not employ adequate relief nurses, and failed to schedule breaks, allegedly resulting in all nurses being unable to take their breaks without jeopardizing patient care.  They further claimed the hospital’s rest break policy was unlawful because it failed to mention that nurses could take one rest break for every four hours worked or “major fraction thereof,” as the law requires.  The nurses also alleged the hospital had a policy requiring (rather than permitting) nurses to sign waivers of one of their two meal periods per day, rendering the waivers unlawful.  Finally, the nurses argued that breaks were frequently interrupted, depriving them of the required breaks. Continue reading this entry at Littler's Wage & Hour Counsel.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.