Palacio v. Jan & Gail's Care HomesAnnotate this Case
Plaintiff, employed by Care Homes, filed suit against Care Homes on the basis that she did not receive off-duty meal breaks or rest periods required under Labor Code section 226.7 and Industrial Welfare Commission wage order No. 5-2001, Cal. Cod Regs., tit. 8, 11050, and alleging a violation of the unfair business competition law, Bus. & Prof. Code, 17200. The trial court denied plaintiff's motion for class certification. Plaintiff argued that Care Homes was obligated under the Labor Code to inform employees that they have the right to revoke an agreement waiving their right to uninterrupted meal periods at any time. The court concluded, however, that Care Homes is not obligated to inform its employees they may have the right to revoke the agreement at any time. Plaintiff failed to establish her revocability theory was potentially viable and, therefore, put forth insufficient evidence predominate questions of law or fact exist and that her claims are typical of the class. Accordingly, the court affirmed the judgment.