Cases & Deals

Wendy's defends against purported wage-hour class action

Clients Wendy's/Arby's Group, Inc.

Jones Day is defending Wendy's International Inc. in a purported state-wide class action involving all of Wendy's non-exempt employees (many thousands of employees). Plaintiffs claim that defendants required employees to work off the clock, failed to authorize meal and rest periods, distributed inaccurate wage statements, and failed to pay waiting time penalties to its employees. The complaint also asserts claims under Section 17200 and the Labor Code Private Attorney General Act. Defendants removed the case to federal court under CAFA. Wendy's successfully moved to have the complaint dismissed in its entirety, while blocking all discovery, and thereby forced expiration of the deadline to move for class certification. Wendy's has also argued that, pursuant to the Erie Doctrine, state LCPAGA claims removed to federal court must be certified under Rule 23 before they may be treated in a representative capacity (notwithstanding the Cal. Supreme Court's decision in Arias). Plaintiffs have now moved for relief from all deadlines set forth in the Court's Scheduling Order. The matter is pending.

Lewis v. Wendy's International Inc., Case No. 09-CV-7193-MMM (C.D. Cal.)