Facts

Two former Assistant Managers and two former hourly employees of Islands Restaurants filed this class action seeking to represent two classes consisting of approximately 500 current and former Assistant Managers and 28,000 current and former hourly employees at the Islands Restaurant chain of casual dining restaurants.

PLAINTIFF'S CONTENTIONS:
The 500-plus current and former assistant managers claimed that Islands violated the law. Specifically, they challenged their salaried exempt status and sought overtime pay, penalties and attorney fees. The 28,000 employees working on an hourly basis alleged violations with respect to rest and meal periods. Plaintiffs provided declarations that the judge disavowed, stating that certification is a "difficult" burden for the plaintiffs to make.

DEFENDANT'S CONTENTIONS:
Islands Restaurants contended that the Assistant Managers were properly classified as salaried exempt employees because they were bona fide managers who spent more than half their working time on supervisory duties. Islands Restaurants also contended that it had a comprehensive policy allowing meal and rest periods which was consistently enforced at all locations.

Islants Restaurants further contended that plaintiffs failed to carry their burden of showing the required typicality, commonality, numerosity and adequacy of the proposed class representatives. Islands submitted extensive discovery that undermined the plaintiffs' evidentiary showing. Islands established that the tasks performed by assistant managers varied significantly but were consistently exempt, and that Islands maintained an effective policy and program for assuring meal and rest periods.

Result

The trial judge denied plaintiffs' motion for class certification.