California Pizza Kitchen's defeat of class certification upheld by court of appeals in putative wage and hour class action alleging violations in California
Clients California Pizza Kitchen
On December 30, 2013, the Second Court of Appeals upheld the order denying class certification for Jones Day client California Pizza Kitchen in four putative wage and hour class actions in which Plaintiffs allege multiple violations of the California Labor Code. The named plaintiffs asked the court to certify five subclasses of approximately 40,000 current and former restaurant workers who allegedly worked off-the-clock (and therefore were not compensated for all work performed), did not receive required meal and rest breaks, were not reimbursed for the costs of purchasing items they bought for their work, and did not receive accurate pay stubs. The court denied Plaintiffs' motion for class certification in its entirety in 2011, and that decision was affirmed by California's Second Court of Appeals on December 30, 2013.
Martinez, et al. v. California Pizza Kitchen, LASS No. BC373758 (Super. Ct. Los Angeles Cty., Cal. 2011); Johnson v. California Pizza Kitchen, Case No. BC389448 (Super. Ct. Los Angeles Cty., Cal. 2011); Cooley v. California Pizza Kitchen, Case No. BC389727 (Super. Ct. Los Angeles Cty., Cal. 2011); Hernandez v. California Pizza Kitchen, Case No. BC442231 (Super. Ct. Los Angeles Cty., Cal. 2011); No. B234542 consolidated with B234670 (Cal. App., 2nd Dist. 2013)