Abdullah v. U.S. Security Associates, Inc.

Plaintiffs filed a class action on behalf of themselves and other similarly situated, alleging that USSA committed numerous violations of California labor laws, including, inter alia, requiring them to work through their meal periods. On appeal, USSA challenged the district court's certification of the meal break sub-class on the grounds that plaintiffs have not established "commonality," as required under Federal Rule of Civil Procedure 23(a)(2), or "predominance," as required under Rule 23(b)(3). The court concluded that plaintiffs' claims would yield a common answer that was "apt to drive the resolution of the litigation," as required by Rule 12(b)(3). The court agreed with the district court that the "nature of the work" inquiry would be a common one, focused on the legality of a single-guard staffing model, rather than a site-by-site inquiry; concluded that common issues of law or fact would predominate; and the district court did not abuse its discretion in concluding that Rule 12(b)(3) was satisfied where plaintiffs' claims "will prevail or fail in unison" as required by the rule. Accordingly, the court affirmed the judgment of the district court. View "Abdullah v. U.S. Security Associates, Inc." on Justia Law