United States Eleventh Circuit

In a class action for failing to pay hourly employees for all time worked, an order denying class certification is affirmed where the employees' punch clock records did not provide common proof of any uncompensated work during gap periods, particularly in light of employee testimony regarding the various non-work-related activities that took place during the gap periods and the various personal reasons that employees listed for coming in early and staying late.

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

• EDENFIELD, District Judge:, Before MARCUS and PRYOR, Circuit Judges, and EDENFIELD, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Gwen Freeman, Knapp, Petersen & Clarke, Glendale, CA, for Plaintiffs-Appellants.


• For Appellees:
  
• Sandra C. Isom, Richard S. McDonnell, Jr., Jeana M. Littrell, Federal Express Corp., Memphis, TN, for Defendant-Appellee.