In Benton v. Telecom Network Specialists, the trial court denied certification of a class action case involving approximately 750 cell-phone technicians, most of which were hired by outside staffing companies. The class alleged the failure to provide meal and rest breaks and overtime. The plaintiffs alleged that the defendant, TNS, and the staffing companies were joint employers and thus both liable. The Appellate Court held that the trial court erred by denying class certification. It stated that the evidence that the different staffing companies had different meal and rest break policies was not a sufficient basis for denying class certification.
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