Payton

James Payton appeals from an order denying class certification. Payton filed this putative class action alleging wage and hour violations against Respondents CSI Electrical Contractors, Inc. (CSI) and First Solar, Inc. (First Solar) (collectively "Respondents"). The claims arose from construction work on a solar farm project in San Luis Obispo County.

Payton sought certification of two classes. The first, the Rest Period Class, *575 concerned persons affected by Respondents' alleged practice of "tacking" the required 10-minute afternoon rest break onto the end of the 30-minute lunch break, resulting in a 40-minute mid-day break rather than a separate mid-afternoon break. The second, the Travel Pay Class, concerned persons who were not paid for time spent commuting in company-provided buses to the construction site, allegedly in violation of union contracts.

The trial court denied certification of both classes. With respect to the Rest Period Class, the trial court found that a class action was inappropriate and unworkable in light of the individual issues arising from evidence that particular working groups actually received regular afternoon breaks. With respect to both…