This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Fair Labor Standards Act
Overtime Wages

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

Newman Strawbridge

H. Tim Hoffman

Eric Barba

Arthur W. Lazear
(Lazear Mack LLP)

Chad A. Saunders
(Crosner Legal PC)


Defendant

Geoffrey D. DeBoskey

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.


#118554

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390