A California federal judge rejected a request by trucking giant C.R. England Inc. to vacate an order certifying four classes of drivers in a wage-and-hour action against the company, saying the U.S. Supreme Court’s ruling in Dukes v. Wal-Mart did not apply. The lawsuit against the trucking company alleges that drivers were denied meal and rest breaks required by California law and made improper deductions from driver’s paychecks. A major difference in the Dukes case was that discretion was given to each individual manager on how they chose to hire and promote. The facts of the Dukes case make it hard to show a company-wide policy was at fault for the discrimination of a class of 1.5 million women across the country. The Supreme Court decision has been widely viewed as setting the stage for smaller class actions, even outside the employment arena, as Plaintiffs will likely allege narrower class definitions.
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