Brinker Revives Wage Action By Cell Tower Techs

Law360, New York (December 13, 2012, 3:17 PM EST) -- A California appeals court on Wednesday revived a wage-and-hour action brought by Networkers International LLC cellphone tower technicians, saying employees have offered sufficient evidence in light of the state Supreme Court's  landmark Brinker decision that the company's independent contractors were uniformly denied breaks and overtime wages.

The Fourth Appellate District said Networkers had consistent policies regarding work scheduling and pay that allegedly violated California law, making the case ripe for class certification. The decision overturns the court's 2009 ruling rejecting the technicians' certification bid.

Following the...
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