Brookler

INTRODUCTION

The plaintiffs appeal from the trial court’s order sustaining without leave to amend the defendants’ demurrer to their second amended complaint based on the trial court’s refusal to consider further class certification proceedings in this action—consideration expressly contemplated in our prior decision. Accordingly, we reverse the trial court’s order and remand the matter with directions.

FACTUAL AND PROCEDURAL SUMMARY

Initial Proceedings in the Trial Court. In 2004, Morry Brookler, in his individual capacity and on behalf of others similarly situated, filed his first amended complaint against RadioShack, alleging meal period and other violations. In May 2005, Brookler filed a motion for class certification, arguing the law required an employer to “ensure” that a 30-minute uninterrupted meal period is actually taken by the employee. RadioShack opposed the motion, arguing the law only required an employer to “provide” a meal period. In February 2006, the trial court certified a class consisting of ‘all non-exempted employees at RadioShack stores in California from April 7, 2000 through the present who were not provided an uninterrupted 30-minute meal break…