Haro v. City of Rosemead

In Haro v. City of Rosemead (2009) 174 Cal.App.4th 1067, Division Eight of this appellate district declined to apply the death knell doctrine to review an order denying class certification in an action brought under the Fair Labor Standards Act of 1938 (FLSA; 29 U.S.C. 201 et seq.), asserting violations of the minimum wage/maximum hour laws. The appellate court first observed that actions under the FLSA are not properly classified as class actions under federal or California class action rules because, among other reasons, the FLSA requires employees affirmatively to opt into the FLSA proceeding to be bound by, or benefit from, that proceeding. In contrast, federal and state class action rules generally provide that class members must opt out in order not to be bound by a judgment in the class action proceeding. (Haro, at pp. 1071-1072.) The appellate court then rejected the plaintiff's argument that the trial court's denial of class certification was an appealable order because denial of class certification "did not produce a terminal result ... . Specifically, there is nothing to prevent this action from going forward as an opt-in, collective FLSA action. ... There is no question that this FLSA action as it is presently constituted can go forward to trial." (Haro, supra, 174 Cal.App.4th at p. 1078.)