McCleery v. Allstate Insurance Co.Annotate this Case
Inspectors filed a putative class action alleging that they were entitled to, but deprived of minimum wages, overtime, meal and rest breaks, reimbursement of expenses, and accurate wage statements. The Court of Appeal affirmed the trial court's denial of certification and held that, under the analytic framework promulgated by Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, and Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, the trial court acted within its discretion in denying certification. In this case, the inspectors' trial plan was inadequate and unfair, because litigation of individual issues, including those arising from affirmative defenses, could not be managed fairly and efficiently using only an anonymous survey of all class members. For example, an employer's liability for failure to provide overtime or rest breaks will depend on the employees' individual circumstances.