Dawn Till and Mary Josephs, individually and on behalf of all others similarly situated v. Saks Inc., Saks Fifth Avenue Inc., Saks & Co. and Saks Fifth Avenue Off Fifth
Published: Oct. 19, 2013 | Result Date: Sep. 30, 2013 | Filing Date: Jan. 1, 1900 |Case number: 4:11-cv-00504-SBA Bench Decision – Class Certification Denied
Court
USDC Northern
Attorneys
Plaintiff
Arthur W. Lazear
(Lazear Mack LLP)
Chad A. Saunders
(Crosner Legal PC)
Defendant
Jennifer B. Zargarof
(Morgan, Lewis & Bockius LLP)
Facts
Dawn Till and Mary Josephs filed a hybrid wage and hour state law class action and a collective action under the Fair Labor Standards Act (FLSA) against Saks Inc., Saks Fifth Avenue Inc., Saks & Co., and Saks Fifth Avenue Off Fifth. Plaintiffs filed a motion for class certification. Defendants opposed this motion. Defendants filed a motion to deny FLSA Certification.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that they were misclassified as non-exempt employees. As a result, they were not paid overtime wages. Plaintiffs claimed that defendants had violated state and federal laws for misclassifying them and failing to pay them overtime wages.
Result
U.S. District Judge Saundra Brown Armstrong determined that plaintiffs failed to satisfy the "commonality, typicality, and adequacy" requirements for class certification. Even if they did, plaintiffs also failed to demonstrate that class certification was appropriate. As such, Judge Armstrong denied plaintiffs' motion for class certification and granted defendants' motion to deny FLSA certification.
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