Following the granting of conditional certification under FLSA 216(b) in July 2012, the U.S. District Court for the Southern District of New York (Judge Andrew L. Carter, Jr.) granted the plaintiffs’ motion to certify a class of umpires who alleged that the United States Tennis Association’s (USTA) improperly classified them as “independent contractors”
23(b)(3)
District Court Denies Certification of 23(b)(3) Class; Quotes Language from Comcast Corp. v. Behrend
By William J. Anthony on
Posted in State Law Wage & Hour Claims
The U.S. District Court for the Western District of Washington (Judge Richard A. Jones) denied a motion to certify a class of more than 2,000 call-center customer account executives (“CAEs”) under Rule 23(b)(3) holding that individualized issues predominated over common questions. Ginsburg et. al. v. Comcast Communications Mgmt. LLC, 2013 U.S. Dist.…