Albertson's prevails in putative wage and hour class action brought by employees

Client(s) Albertson's, Inc.

Jones Day represented Albertson's in a putative wage and hour class action for a class of various front end grocery employees. In one of the first post-Sav-On class action decisions in California, Jones Day helped obtain a denial of class certification by showing that common legal and factual issues did not predominate, focusing on key admissions by plaintiffs' lawyers in another related case, key deposition admissions by putative class representatives, and documentary evidence of company policies against off the clock work. Jones Day prevailed on plaintiffs' appeal as well, with the Court of Appeal holding that the trial court's order denying certification was supported by substantial evidence and plaintiffs' evidence of similar damages was insufficient to overcome. Also, after the trial court's decision, Jones Day prevailed at the trial court level, and on appeal, against the plaintiffs' attempt to reconstitute their class action through amending their pleadings to join employees individually as new plaintiffs.

Colburn, et al. v. Albertson's, Inc., Case No. BC 299391 (Los Angeles Super. Ct.)