Lubin v. Wackenhut Corp.

Plaintiffs filed suit on behalf of themselves and similarly situated persons, alleging that Wackenhut violated California labor laws by failing to provide employees with off-duty meal and rest breaks and by providing inadequate wage statements. The trial court initially granted plaintiffs’ motion for class certification. Then the United States Supreme Court reversed a grant of certification in Wal-Mart Stores, Inc. v. Dukes. Wackenhut, relying on Wal-Mart, moved for decertification, which the trial court granted. Plaintiffs appealed, contending that decertification was not warranted by a change in circumstances or case law and that the trial court used improper criteria in granting the motion for decertification. The court concluded that the trial court’s reliance on Wal-Mart to support decertification for each of plaintiffs’ claims overextended holdings in that case. In this case, the crux of Wackenhut's motion for decertification and the trial court’s subsequent order was Wal-Mart’s treatment of statistical sampling. The trial court determined that this method was disapproved in Wal-Mart. After the trial court issued its decertification order, the Supreme Court clarified in Tyson Foods, Inc. v. Bouaphakeo that Wal-Mart does not prohibit the broad use of statistical sampling in class action lawsuits. Here, statistical evidence was proposed only for the limited purpose of determining how many employees had signed on-duty meal agreements lacking revocation language during the class period. The trial court also misapplied Wal-Mart by finding that individualized inquiries were necessary. The distinctive nature of Title VII liability also distinguishes Wal-Mart from the facts of this case. The court reversed the order and remanded as to off-duty meal break, rest brake, and wage statement issues, and for further proceedings. View "Lubin v. Wackenhut Corp." on Justia Law