Hakeem

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHAUENGA M HAKEEM, Case No. 19-cv-02161-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. CLASS CERTIFICATION

TRANSDEV SERVICES, INC., et al., Re: Dkt. No. 25 Defendants.

The motion for class certification is granted. The proposed class of all current and former employees who took a mandatory pre-employment drug test during the class period is certified, as is the proposed class of all current and former employees who received a “blended” paycheck during the class period. Both claims—that the defendants violated California wage and hour law by failing to compensate employees for the time spent taking the drug test, and that the defendants failed to provide an accurate itemized pay statement for periods during which employees received a raise—easily satisfy the requirements for a damages class. See Fed. R. Civ. P. 23(a), (b)(3). While the defendants invoke concerns about “ascertainability,” this requirement does not exist in the Ninth Circuit and in any event would not be meaningfully implicated here. See Briseno v. Conagra Foods, Inc., 844 F.3d 1121, 1124 nn.3–4 (9th Cir. 2017).…