Lubin v. The Wackenhut Corporation

Case Updates

The California Court of Appeal reversed the judgment in favor of the defendant and remanded the case to the trial court for further proceedings on plaintiffs’ off-duty meal break, rest break, and wage statement claims.

In its brief, the U.S. Chamber urged the California Court of Appeal to affirm a trial court’s class action decertification. The trial court found that the plaintiffs did not show the uniform application of a common employment policy. The brief details the dangers of permitting class certification when the plaintiff challenges employment policies that either are not uniform or are not consistently applied, and of permitting statistical sampling to preclude individual defenses to liability and damages.

The Chamber filed the brief jointly with the National Association of Security Companies and the California Association of Licensed Security Agencies.

John A. Taylor, Jr. Felix Shafir and Robert H. Wright of Horitz & Levy, LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.