McDonald's defeats class certification of 45,000 employees in wage and hour action

Client(s) McDonald's Corporation

Jones Day achieved a significant victory for McDonald's Corporation in this putative class action alleging failure to permit meal and rest breaks, unpaid waiting time penalties, and violation of itemized wage statement provisions in California. Plaintiff sought to represent a class of approximately 45,000 restaurant employees. In a preemptive move, McDonald's filed a motion deny class certification before Plaintiff filed her affirmative motion to grant class certification. Plaintiff filed her motion to certify 11 days after McDonald's filed its motion, and on the last day set by the Court for filing motions in the action. In August 2008, the judge granted McDonald's motion to deny certification, and deemed moot Plaintiff's pending motion for class certification.

Kimoto v. McDonald's Corporation, No. CV-06-3032 (C.D. Cal. August 18, 2008)