Ninth Circuit Reverses Denial of Class Certification Where Determining Damages is A Purely Mechanical Exercise

As we posted last month [here], district courts throughout the country have indicated that the Supreme Court’s recent decision in Comcast Corp. v. Behrend makes it harder for plaintiffs to pursue wage and hour claims as class actions.   Earlier this week, the Ninth Circuit issued a decision that some commentators have interpreted as bucking this trend, however, the case turns on unusual facts:  unlike in Comcast and most wage and hour cases, the defendant had submitted an affidavit establishing that damages for each putative class member could be calculated readily and mechanically through the Company’s electronic payroll records by applying basic math to undisputed timekeeping and payroll data.

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