California Court of Appeal

In this class action brought on behalf of employees working as Specialists in defendant's California retail stores, plaintiff claims that defendant misclassified Specialists as exempt from certain provisions of California labor law and, as a result, failed to pay overtime wages and failed to compensate them for missed meal periods. The trial court's denial of class certification is affirmed, where the trial court's finding that individualized issues, not common ones, would predominate the determination of liability given that all Specialists do not engage in the same tasks to the same extent is supported by substantial evidence and the trial court used proper legal criteria in conducting their assessment.

Appellate Information

• Decided 02/26/2015
• Published 02/26/2015

Judges

• Banke

Court

• California Court of Appeal

Counsel