Duran v. U.S. Bank Nat'l. Ass'n.

Duran v. U.S. Bank Nat'l. Ass'n. (CA1/1 A148817 1/17/18) Wage & Hour/Class Certification

In our second encounter with this class action case, plaintiffs Samuel Duran and Matt Fitzsimmons appeal from the trial court’s order denying class certification.  This case is a wage and hour class action challenging whether defendant U.S. Bank National Association (Bank) had properly classified its business banking officers (BBOs) as exempt employees under the outside salesperson exemption.  This exemption applies to employees who spend more than 50 percent of their workday engaged in sales activities outside their employer’s place of business.  The trial court concluded plaintiffs failed to demonstrate that the case is manageable as a class action.  We affirm.

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