This decision affirms an order denying class certification on a claim that See’s did not give its employees a second meal break when they worked for 10 hours or more a day. See’s had a written policy requiring a second meal break in those circumstances, but plaintiff claimed that See’s routinely failed to follow that policy in practice. Time records showed than in 24 percent of cases in which employees worked more than 10 hours, they took a second meal break. Since some putative class members were given the required breaks, individual testimony would be required to prove plaintiff’s claim. Also plaintiff failed to propose a trial plan that would permit See’s to present its affirmative defenses without individual inquiry.