Daniel Forrand, Ara Karamian, Yvette Green and Eugene Colon v. Federal Express Corp.
Published: May 11, 2013 | Result Date: Apr. 25, 2013 | Filing Date: Jan. 1, 1900 |Case number: CV 08–1360 DSF (PJWx) Bench Decision – Class Certification Denied
Court
USDC Central
Attorneys
Plaintiff
Andre E. Jardini
(Knapp, Petersen & Clarke)
Defendant
Sandra C. Isom
(FedEx Freight Inc.)
Facts
Yvette Green worked for Federal Express Corp., an express transportation and shipping company, beginning in June 2004 as a non-exempt hourly employee, performing handler and customer services agent duties in FedEx's Stockton Station in Stockton, California. She filed a class action against FedEx, seeking certification of a class of all California hourly, non-exempt employees who used the FAMIS timekeeping system and who were paid from a scheduled start time to an end time, rather from clock-in to clock-out from Sept. 11, 2003 to June 30, 2007. She also wanted to certify a class who had worked during unpaid meal breaks from Sept. 11, 2003 to June 30, 2007.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the defendant failed to pay hourly employees for alleged unpaid work during breaks and outside scheduled shifts.
DEFENDANT'S CONTENTIONS:
Defendant argued that certification would be inappropriate because there were differences between work schedules for different facilities, highlighting individualized issues.
Result
The court denied plaintiffs' motion for class certification of the action.
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