from a showing that an individual experienced harm as a result of the defect. amendment which merely clarifies existing law “An may be given retroactive effect even without an expression of legislative intent for retroactivity. [Citations.]” (Negrette v. California State Lottery Com. (1994) 21 Cal.App.4th 1739, 1744; see also Sandoval v. M1 Auto Collisions Centers (N.D. Cal. 2015) 309 F.R.D. 549, 568 [whether defendants’ statements were inaccurate and injured plaintiffs under Lab. Code, § 226 presents common questions].) Second, because plaintiffs’ meal and rest period claims are suitable for class treatment, their theory that the wage statements failed to include premium wages earned for missed meal and rest periods also is suitable for class treatment. DISPOSITION The order is reversed, and the case is remanded as to meal break, rest brake, and wage statement issues, and for further proceedings consistent with this opinion. Appellants are entitled to their costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J.
from a showing that an individual experienced harm as a result of the defect. “An amendment which merely clarifies existing law may be given retroactive effect even without an expression of legislative intent for retroactivity. [Citations.]” (Negrette v. California State Lottery Com. (1994) 21 Cal.App.4th 1739, 1744; see also Sandoval v. M1 Auto Collisions Centers (N.D. Cal. 2015) 309 F.R.D. 549, 568 [whether defendants’ statements were inaccurate and injured plaintiffs under Lab. Code, § 226 presents common questions].) Second, because plaintiffs’ meal and rest period claims are suitable for class treatment, their theory that the wage statements failed to include premium wages earned for missed meal and rest periods also is suitable for class treatment. DISPOSITION The order is reversed, and the case is remanded as to meal break, rest brake, and wage statement issues, and for further proceedings consistent with this opinion. Appellants are entitled to their costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J.
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