Citing Brinker, Judge Denies Cert. In Calif. Meal Break Case
By Steven Melendez
Law360, New York (May 03, 2012, 8:45 PM ET) -- A California Superior Court judge refused Tuesday to certify a class of Telecom Network Specialists Inc. technicians alleging they were misclassified as contractors and denied meal and rest breaks, in one of the first rulings citing the California Supreme Court's long-awaited decision in Brinker International Inc. v. Superior Court.
Judge John Shepard Wiley said in a tentative ruling Tuesday that the proposed class of 760 workers, who were retained either directly by TNS or through dozens of staffing companies to work at numerous cellphone switching centers...