Class Certification

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7^th Circuit Court of Appeals

Case Name: Demiko McCaster et al v. Darden Restaurants, Inc., et al

Case No.: 15-3258

Officials: WOOD, Chief Judge, KANNE and SYKES, Circuit Judges.

Focus: Class Certification

From roughly 2004 to 2012, Demiko McCaster and Jennifer Clark worked on and off at two Illinois eateries owned by Darden Restaurants. After quitting for good, they brought this proposed class action alleging that Darden failed to pay them pro rata vacation pay upon separation in violation of the Illinois Wage Payment and Collection Act (“IWPCA” or “the Act”), 820 ILL. COMP. STAT. 115/1-15. The district judge declined to certify their proposed class and granted summary judgment for Darden on Clark’s individual claim. McMaster then settled his claim with Darden but reserved the right to appeal the denial of class certification. We affirm. The judge was right to deny class certification. The plaintiffs’ proposed class definition described an impermissible “fail safe” class, and their proposed alternative did not satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure. And Clark’s individual claim fails. The IWPCA doesn’t mandate paid time off. It merely prohibits the forfeiture of accrued earned vacation pay upon separation if the employee is otherwise eligible for paid vacation under the employer’s employment policy. During the relevant time period, Darden’s policy on paid vacation covered only full-time employees. Clark was ineligible because she worked part-time.

Affirm

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.