Wage Law

Albertson's wasn't able to enjoy its victory in Dunbar v. Albertson's for very long. On the same day (July 20) that the Court of Appeals upheld a denial of certification in an Alameda County class action, San Diego Superior Court Judge Linda Quinn granted a motion for class certification in a meal and rest period, and off-the-clock work case for hourly front-end store managers (Wilcox v. Albertson's, Inc., San Diego County Superior Court case no. GIC833922).

The primary claim in the case is that the employees (current and former hourly key-carrier employees of Albertson’s, Inc. within the state of California, including service operations manager, assistant service operations manager, fifth person key carrier, fourth person key carrier, third person key carrier, service supervisor, front end manager, assistant front end manager, and front end clerks) are required to remain on-duty during rest and meal periods. Under Sav-On, the same broad discretion that doomed the appeal in Dunbar will likely preserve the certification order in Wilcox. Congratulations to Michael D. Singer and Eva K. Wojtalewski of Cohelan & Khoury, who represent the class.