Abdullah v. U.S. Security Associates, Inc., No. 11-55653 (9th Cir. 2013)
Annotate this CasePlaintiffs filed a class action on behalf of themselves and other similarly situated, alleging that USSA committed numerous violations of California labor laws, including, inter alia, requiring them to work through their meal periods. On appeal, USSA challenged the district court's certification of the meal break sub-class on the grounds that plaintiffs have not established "commonality," as required under Federal Rule of Civil Procedure 23(a)(2), or "predominance," as required under Rule 23(b)(3). The court concluded that plaintiffs' claims would yield a common answer that was "apt to drive the resolution of the litigation," as required by Rule 12(b)(3). The court agreed with the district court that the "nature of the work" inquiry would be a common one, focused on the legality of a single-guard staffing model, rather than a site-by-site inquiry; concluded that common issues of law or fact would predominate; and the district court did not abuse its discretion in concluding that Rule 12(b)(3) was satisfied where plaintiffs' claims "will prevail or fail in unison" as required by the rule. Accordingly, the court affirmed the judgment of the district court.
Court Description: Class Certification. The panel affirmed the district court’s order under Fed. R. Civ. P. 23 certifying a class of former and current employees of U.S. Security Associates, Inc., who allege that the company committed numerous violations of California labor law. The panel held that the district court did not abuse its discretion by certifying a meal break sub-class, defined as all past and present employees who worked more than six hours and were not provided a meal break and who were not compensated for the meal break. The panel held that under California law the plaintiffs’ claims will yield a common answer that is “apt to drive the resolution of the litigation,” as required by Fed. R. Civ. P. 23(a)(2). The panel also held that common issues of law or fact would predominate, and plaintiffs’ claims “will prevail or fail in unison,” as required by Fed. R. Civ. P. 23(b)(3).
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