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Rite Aid Seating Ruling Makes Class Cert. Harder to Beat

May 19, 2014

Fenwick & West employment co-chair Dan McCoy spoke with Law360 about a California appeals court’s reinstatement of a class action against Rite Aid over their failure to provide seating for cashiers. 

The ruling is worrisome for employers because it creates one more hurdle for companies looking to challenge plaintiffs’ motions for class certification or to decertify a class, particularly in seating and meal and rest break cases, according to McCoy.

“This is a bad case for employers looking for good ammunition to oppose certification motions,” he said. “The plaintiffs bar is definitely going to use this decision and apply it in seating and rest period cases.”

According to McCoy, the Rite Aid ruling may lead employers to consider whether opposing certification is worthwhile, especially given that opposing certification can cost hundreds of thousands of dollars.

“In cases where employers have a clear policy that is uniformly applied to employees, employers may need to pause and make sure opposing certification makes sense,” he said. “Employers may reserve their efforts for arguing the merits of the case and try to dismiss it on summary judgment.”

The full article is available through the Law360 website.