Daily Archives: November 8, 2013

9th Cir. Affirms Certification of Meal Break Subclass Premised on On-Duty Meal Period Agreement and "Nature of the Work" Prong of Defense [ABDULLAH V. US SECURITY ASSOCIATES, INC (9th Cir. 11-55653)]

ABDULLAH V. US SECURITY ASSOCIATES, INC (9th Cir. 11-55653 Sept 27, 2013)

The panel affirmed the district court’s order under Fed. R. Civ. P.23 certifying a class of former and current employees of U.S. Security Associates, Inc., who allege that the company committed numerous violations of California labor law. The panel held that the district court did not abuse its discretion by certifying a meal break sub-class, defined as all past and present employees who worked more than six hours and were not provided a meal break and who were not compensated for the meal break. The panel held that under California law the plaintiffs’ claims will yield a common answer that is “apt to drive the resolution of the litigation,” as required by Fed. R. Civ. P. 23(a)(2).The panel also held that common issues of law or fact would predominate, and plaintiffs’ claims “will prevail or fail in unison,” as required by Fed. R. Civ. P. 23(b)(3)