Rodriguez v. Kaiaffa, LLC

Summary

The court affirmed certification of a class of restaurant servers alleging that the defendants unlawfully applied a tip credit to work performed outside their service duties. It held that a trial court need not resolve the ultimate meaning of disputed wage regulations at the certification stage unless that merits inquiry is necessary to decide whether class-certification requirements are satisfied. The court also upheld findings of commonality, typicality, adequacy, predominance, superiority, and an ascertainable class definition, including the use of representative evidence to establish class-wide performance of side work.