Morton's successfully defeats class certification in wage and hour class action filed on behalf of hourly employees
Clients Morton's Restaurant Group, Inc.
Jones Day represented Morton's of Chicago/San Diego, Inc., in a putative class action brought by hourly restaurant employees alleging failure to provide meal and rest periods, unpaid overtime, inaccurate wage statements, waiting time penalties, and unfair competition claims. After prevailing on a motion for summary adjudication of named plaintiffs' rest period premium claims and inaccurate wage statement claims, Morton's successfully defeated class certification on all of Plaintiffs' remaining claims. Morton's persuaded the court that, while some common questions of law and fact existed, the case was not amenable to class treatment because individualized issues overwhelmed the common issues, would require numerous "mini-trials" on issues specific to individual employees' right to recovery, and would result in a situation in which liability could not be established by common proof.
Brian Alexis Minniti, Jacqueline M. Brewer, et al. v. Morton's of Chicago/San Diego, Inc., etc., et al., Case No. 37-2010-00085002-CU-OE-CTL (San Diego Superior Court, 02/2011)