Plaintiffs seeking to certify a California class of current and former assistant stores managers and other differently titled managers and associates were denied class certification of their state law claims under Rule 23. Saks, Inc., the operator of high-end retail department stores across the United States, also convinced the district court to grant its preemptive
SDNY Denies Class And Collective Certification In Pair Of Off-the-Clock Wage and Hour Cases
Generally speaking, certifying an off-the-clock wage and hour class action is quite difficult as the following two consolidated cases in the District Court of the Southern District of New York illustrate. Personal bankers who sought to bring such an action against Wells Fargo and Wachovia Bank (acquired by Wells Fargo in 2008) were unable to
Comcast Does Not Foreclose Certification Of Liability Only Class Under Rule 23(c)(4) Where Individualized Proof of Damages Overwhelms Common Questions, Says S.D.N.Y.
In, perhaps, the most important wage and hour class action post-Comcast, the District Court for the Southern District of New York (Judge J. Paul Oetken) granted in part and denied in part a pharmacy chain’s motion for reconsideration of the court’s previous order certifying a class of assistant store managers’ (“ASMs”) state law
District Court Grants Hearst Interns’ Motion for Appeal to Second Circuit
Former unpaid interns at the Hearst Corp. may have their denial of class certification reviewed by the U.S. Court of Appeals for the Second Circuit. The District Court of the Southern District of New York (Judge Harold Baer, Jr.) granted the interns’ motion to certify the court’s opinion and order of May 8