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Posts Taged class-certification

Achieving Class Action Certification For Alleged Meal and Rest Break Violations Continues to be an Uphill Battle

Two recent appellate court decisions demonstrate, once again, that courts in the Post-Brinker era are less inclined to grant class certification in actions alleging rest period or meal break violations.

In re Walgreen Company Overtime Cases, the plaintiffs alleged that the drug store chain had departed from its formal (and otherwise compliant) policies regarding meal breaks and rest periods in an illegal and widespread way. The decision did not go into the specifics of the alleged improper practices, but the general allegation appeared to be that it was common practice to under staff stores, forcing employees to work through their meal periods.

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