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Thursday, March 14, 2019

Myers v. Raley's

A trial court's denial of class certification which did not provide reasons for the finding that common issues did not predominate must be overturned when there is a possibility the trial court may have focused on the individual issues concerning the right to recover damages rather than the putative class theory of recovery. When the putative class alleged their employer maintained uniform policies and/or practices denying them travel time while they are under the employer's control, the issue is not whether different managers exercised control in a myriad of ways with different categories of workers, but whether the employer had the right to control them.

Myers v. Raley's - filed Feb. 13, 2019, publication ordered March 12, 2019, Third District 
Cite as 2019 S.O.S. 1176 

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