Certification Was Properly Denied In Class Action Seeking Reimbursement From Employer

Morgan v. Wet Seal, Inc., 210 Cal. App. 4th 1341 (2012)

Crystal Morgan and two other former employees sued Wet Seal because the company allegedly required employees to purchase Wet Seal clothing and merchandise as a condition of employment and also failed to reimburse employees for their mileage between Wet Seal business locations. The trial court denied class certification on the ground that common questions do not predominate over individual questions. The court of Appeal affirmed, holding that Wet Seal's policies did not require employees to wear Wet Seal clothing, providing only that employees must dress in a manner "consistent with current fashion style that is reflected in the stores." As for the travel expense claim, the court held that plaintiffs had essentially conceded that "Wet Seal's travel reimbursement practice was not consistent across the board."

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