Alberts v. Aurora Behavioral Health CareAnnotate this Case
Plaintiffs, former employees of Aurora, filed a wage and hour suit alleging, among other things, on behalf of themselves and a class of similarly situated individuals, that Aurora’s uniform practices and de facto policies routinely denied nursing staff employees meal and rest periods required by California law. The trial court denied plaintiffs’ motion for class certification, finding a lack of “commonality” among the subclasses. However, the court concluded that the trial court relied on improper criteria and erroneous legal assumptions in denying certification. While the court believes that plaintiffs’ theory of liability presents a common question well-suited for class treatment, it is unclear what effect, if any, individual issues, such as damages, will have on the manageability of the case. Accordingly, the court reversed and remanded the matter for further consideration.