In Martinez v. Joe's Crab Shack Holdings, ___ Cal.App.4th ___ (Nov. 11, 2013; pub. ord. Dec. 4, 2013), the Court of Appeal (Second Appellate District, Division Seven) reversed the trial court's order denying class certification in a wage and hour action. Martinez is a misclassification case in which the defendant raised the executive exemption as a defense.
Here is a line that stands out from the concluding section of the opinion:
[W]e understand from Brinker ... a renewed direction that class-wide relief remains the preferred method of resolving wage and hour claims, even those in which the facts appear to present difficult issues of proof.
Slip op. at 19.