There are several reasons a judge can deny class certification to a group of plaintiffs, but ruling on their claims is not one of them. A California trial court judge recently dismissed a class of plaintiffs, denying their allegations that their employer did not provide them with proper rest breaks or compensate them accordingly for missed breaks.
The proposed class consists of current and former employees who worked as dispatchers and EMTs for the ambulance company, American Medical Response West (AMR). According to the lawsuit, the ambulance company allegedly maintained a rest period policy in which employees were still on call during their rest periods.
The problem with that policy is it violates California Labor law, which states all hourly, non-exempt employees are entitled to one, uninterrupted rest break, lasting at least ten minutes, for every four hours they work. Any time an employee misses one of these breaks or gets interrupted, that worker is entitled to one hour’s worth of wages, in addition to all their normal wages, tips, bonuses, etc. earned that day.
AMR argued that, by allowing their employers to take rest breaks when they were on call, they were essentially granting them the equivalent of an off-duty rest period. The trial court judge agreed and refused to grant the plaintiffs class certification. Continue reading