Emily P. Rich

Rich is a self-described workhorse, which is a helpful trait to have when dealing with a piece of litigation that shows no sign of slowing down after a decade.

The litigation in question is a class action filed on behalf of thousands of current and former Wackenhut Corp. security guards who claimed that they were not provided with off-duty meal and rest breaks.

Rich’s clients caught a major break last fall when the California Court of Appeal published a decision reversing a previous trial court’s order decertifying the class for 13,000 guards. Lubin v. The Wackenhut Corporation, B244383 (Cal. App. 2nd Dist. Nov. 21, 2016).

The appellate court held that certification was appropriate notwithstanding a ruling by the U.S. Supreme Court in Wal-Mart Stores Inc. v. Dukes, 564 U.S. 338 (2011), which was cited by a trial judge in 2012 to decertify the class. Judge William F. Highberger stated in his ruling that it would be unmanageable to determine whether Wackenhut permitted breaks on an individual basis.

Rich and her team went toe-to-toe in the appellate court with Gibson, Dunn & Crutcher LLP litigator Theodore Boutrous, who argued that the Dukes decision clearly made it impossible to certify the class.

Rich said the case boiled down to the court’s interpretation of the Dukes case, which fell on the side of her clients. A hearing is being scheduled to determine future trial dates.

Once resolved, the Wackenhut case could have a significant effect on California labor law with regard to off-duty and on-duty meal periods, according to Rich. She noted that the law has been vague about what kinds of work prevent a worker from being relieved for an off-duty meal break, and this case could introduce a certain degree of clarity.

She emphasized that this litigation fits neatly within the broader mission of her firm: to protect workers’ rights in California.

“Those of us here at the firm consider ourselves part of the labor movement,” she said, “going shoulder to shoulder with the union leaders and members to improve working conditions for the workers in our state.”

— Eli Wolfe