A state Superior Court judge has signed off on class certification for around 350 limousine drivers in Connecticut in a case that puts a spotlight on employers' policies regarding lunch breaks.

The litigants allege their employer deducted thousands from their pay checks for unpaid lunch breaks, which they were unable to take.

"This is just the fourth Superior Court decision in the state enforcing Connecticut wage laws," said plaintiffs counsel Michael Petela Jr. of Hartford-based Hayber, McKenna & Dinsmore.

The April 20 class certification ruling in Belgada v. Hy's Livery Service "is a good ruling for law employment attorneys, and the ruling in this case makes it more likely those attorneys can spot an issue related to wage-and-hour violations," Petela said.

Petela added: "This is a good ruling for law employment attorneys because it does something that's very rare and has happened only a few times in rulings in this state: it reaffirms that damages that are individualized are not an impediment to class certification and that's very unusual. It's a very rare occurrence and can only bode well for labor and employment attorneys moving forward."

The case relates to a motion for class certification on behalf of about 350 current and former limousine drivers for West Haven-based Hy's Livery Service.

Petela maintains the company never followed the rules of its own policy on lunch breaks that it put into effect Jan. 3, 2016.

The company's drivers, under the policy, signed an agreement that they'd get a one-hour unpaid lunch break where they were supposed to be relieved of duty. But, Petela said, the reality was there was no such lunch break given and the employees lost an hour's pay.

Instead, the company, Petela said, made it clear to its drivers they were not to take a lunch break. "They forced their drivers to stay with their assigned vehicles per the company's disciplinary policy. They were told they'd get an hour for lunch, but never did. It's really an hour of free labor for the company."

The state's minimum wage is $11 an hour and most of the livery services drivers earn between $11 and $12 an hour, Petela said.

In her ruling, Superior Court Judge Sheila Ozalis said the defense's arguments that there should not be a class action because each individual driver has their own set of issues and circumstances wasn't sufficient.

"The defendants argue that individual issues predominate because the plaintiffs are going to have to prove that each chauffeur worked during their meal breaks. … Courts have held that the individual consideration of damages does not bar certification of a class," the judge wrote. "The court will be able to use the employee time sheets, emails, logs, and select depositions to determine whether an employee should have had wages deducted or not."

Representing company owners Robert and Matthew Levine is attorney Glenn Duhl, a shareholder with the New Haven offices of Zangari Cohn Cuthbertson Duhl & Grello.

Duhl said Monday, "We do not comment on pending litigation, but I'm confident in the merits of our defense."

In court pleadings, the defense maintained the delivery service company provided a method for drivers to report they had worked through their lunch breaks, but that the employees failed to take advantage of the proper protocols.

The class includes about 200 former drivers and about 150 current drivers who have worked for the limousine company since Jan. 31, 2016.

Class certification means the case will proceed to trial, although Petela said he's open to settling the case.

"It all depends on what is on the table," said Petela, who noted the plaintiff side is in the process of "putting together what exactly the drivers are owed."

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