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News

Civil Litigation

Jul. 16, 2019

Munger Tolles defeats class for See’s Candies

The team, led by Malcolm A. Heinicke, used expert testimony to counter the plaintiff’s allegation See’s left employees staffed alone at stores and unable to take a fully off-duty rest period.

Munger, Tolles & Olson attorneys representing See's Candies have defeated a class action certification over the company's meal and rest period policy.

The team, led by Malcolm A. Heinicke, used expert testimony to counter the plaintiff's allegation See's left employees staffed alone at stores and unable to take a fully off-duty rest period.

Heinicke proved the employees staffed alone were relieved by other employees, according to a July 12 order issued by Los Angeles County Superior Court Judge Maren E. Nelson, denying the class certification. The Munger Tolles team also proved the plaintiff was never scheduled to work alone "while the shop was open for five hours at a time," according to the order. Salazar v. See's Candy Shops Inc., BC651132 (L.A. County Super. Ct., filed Feb. 17, 2017).

"See's Candies is a remarkably ethical company that values its team members and treats them fairly and respectfully," Heinicke said in a statement Monday. "We are glad that this ruling confirms this reality, and we are grateful to Judge Nelson for the extensive preparedness and attention to detail she has shown here."

-- Nicole Tyau

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Nicole Tyau

Daily Journal Staff Writer
nicole_tyau@dailyjournal.com

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