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What can Brown do for you? A lot in breaking up a class action
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<blockquote data-quote="cheryl" data-source="post: 839566" data-attributes="member: 1"><p><strong><a href="http://www.lexology.com/library/detail.aspx?g=8b97a88d-43c8-437b-a1cd-13c1bd31587e" target="_blank">What can Brown do for you? A lot in breaking up a class action - Lexology</a></strong></p><p> </p><p>The Ninth Circuit recently affirmed a district court decision to decertify a class of full-time supervisors employed by United Parcel Service, Inc. (“UPS”) where the only basis for class-wide treatment was UPS’s uniform policy treating all of its supervisors as exempt from overtime pay and meal- and rest-break requirements. A common strategy of plaintiffs’ counsel is to base their class certification argument on the argument that the mere existence of a uniform policy or practice treating a challenged job in a misclassification case as exempt suffices to obtain class certification for Rule 23 purposes. In Marlo v. UPS, a case decided recently by the Ninth Circuit, the court rejected that argument.</p></blockquote><p></p>
[QUOTE="cheryl, post: 839566, member: 1"] [B][URL="http://www.lexology.com/library/detail.aspx?g=8b97a88d-43c8-437b-a1cd-13c1bd31587e"]What can Brown do for you? A lot in breaking up a class action - Lexology[/URL][/B] The Ninth Circuit recently affirmed a district court decision to decertify a class of full-time supervisors employed by United Parcel Service, Inc. (“UPS”) where the only basis for class-wide treatment was UPS’s uniform policy treating all of its supervisors as exempt from overtime pay and meal- and rest-break requirements. A common strategy of plaintiffs’ counsel is to base their class certification argument on the argument that the mere existence of a uniform policy or practice treating a challenged job in a misclassification case as exempt suffices to obtain class certification for Rule 23 purposes. In Marlo v. UPS, a case decided recently by the Ninth Circuit, the court rejected that argument. [/QUOTE]
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What can Brown do for you? A lot in breaking up a class action
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