Morton's of Chicago defeats class certification in putative wage and hour class action
Clients Morton's of Chicago, Inc.
Jones Day represented Morton's of Chicago, Inc. against former employee's putative class action on behalf of current and former California assistant managers claiming that they were improperly classified as exempt under California law. Plaintiff alleged that Morton's denied assistant managers overtime, failed to provide meal and rest periods, failed to pay all compensation due upon termination, and provided inaccurate wage statements. After successfully removing the case to federal court, Jones Day defeated plaintiff's motion for class certification under Federal Rule of Civil Procedure 23(b)(1), 23(b)(2), and 23(b)(3).
Joel Schuyler v. Morton's of Chicago, Inc., et al., CV 10-06762 (C.D. Cal., 06/2011)