Supreme Court depublishes another post-Brinker opinion: In re Walgreen Co. Overtime Cases

Last week, on February 18, 2015, the Supreme Court depublished the Court of Appeal's opinion in In re Walgreen Co. Overtime Cases, 231 Cal.App.4th 437 (2014).  The opinion is no longer citable as a precedent.

In Walgreen, the Court of Appeal (Second Appellate District, Division One) affirmed the trial court's order denying class certification of meal period claims.  In so doing, the Court discussed the substantive meal period standards adopted in Brinker, but did so in a manner that the Supreme Court apparently considered inconsistent with its Brinker opinion.  Depublication requests were filed by both CELA and CAOC.

This development is just as important as the Supreme Court's orders, in late 2012 and early 2013, depublishing three other post-Brinker opinions.  Those orders are discussed in these blog posts.