This afternoon, San Diego County Superior Court Judge William S. Dato certified the meal period subclass in Brinker. He also denied a motion filed by Brinker to decertify the rest break subclass. His tentative ruling, which he confirmed as an order at the hearing today, is available at this link.
As you may remember, in Brinker, the Supreme Court affirmed certification of the rest break subclass, but reversed certification of the meal period subclass with directions to reconsider on remand. Now, both subclasses are certified.
Judge Dato's ruling extensively cites the Supreme Court's opinion, and also favorably cites Faulkinbury and Brinkley (two of the Brinker "grant and hold" cases).
[Disclosure: I was the employees' lead appellate counsel in the Supreme Court in this case.]
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