California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits.

Today, the opposite seems to be true: appellate courts are reversing decisions denying class certification and directing trial courts to certify wage and hour class actions.  In some of the more recent cases, the courts justify class certification based on the existence of one common question and reserve for another (unspecified) day the multitude of admittedly individualized questions that are summarily characterized as irrelevant questions about "damages."