Qualified Good News On Fight Against Wage Hour Class Action Lawsuits: Brinker Restaurant Corp. v. Hohnbaum

In Brinker v. Hohnbaum, on October 12, 2007, the California Court of Appeal issued a highly anticipated ruling reversing an order certifying a class alleging various violations of the California Labor Code. Although the court’s 42-page opinion currently is unpublished, it should be viewed as a victory for employers defending wage and hour class action lawsuits.

Plaintiffs, food service employees allegedly acting on behalf of more than 59,000 similarly situated current and former California hourly restaurant employees, sued Brinker Restaurant Corporation, the operator of 137 restaurants in California, including Chili’s Grill and Bar, Romano’s Macaroni Grill, and Maggiano’s Little Italy. Plaintiffs alleged (1) rest break violations, (2) meal break and “early lunching” violations, and (3) uncompensated off-the-clock work and time- shaving violations. At issue was whether the lower court had abused its discretion in finding that common issues predominated over individual ones. The Court of Appeal concluded that the lower court abused its discretion in certifying a class.