Last Friday, in Faulkinbury v. Boyd & Associates, Inc., ___ Cal.App.4th ___ (May 10, 2013), the Court of Appeal (Fourth Appellate District, Division Three) reversed the trial court's order denying class certification of overtime, meal period, and rest break claims brought by a class of security guards. The opinion directs the trial court to enter a new order granting certification of all three claims.
Faulkinbury was a Brinker "grant and hold" case. In the original opinion, handed down in 2010, the Court of Appeal affirmed denial of certification as to the the meal period and rest break claims, but reversed as to the overtime claim. The new opinion has been substantially re-worked, and it has an extensive discussion of Brinker.