Dailey v. Sears, Roebuck and Co

Trial court did not abuse its discretion in denying certification of class action by employee of large retailer, which allegedly violated California's wage and hour laws, including those governing overtime pay and rest and meal breaks, with respect to managers and assistant managers, on ground that plaintiff’s theory of liability — i.e., that defendant acted in a uniform manner toward the proposed class members, resulting in their widespread misclassification as exempt employees — is not amenable to proof on a classwide basis.
     Dailey v. Sears, Roebuck and Co. - filed March 20, 2013, Fourth District, Div. One
     Cite as D061055

For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/