Thursday, August 10, 2006

Yes, you have no class action

After the California Supreme Court's decision in Sav-On Drug Stores, Inc. v. Superior Court (Rocher), some optimistic plaintiffs' lawyers opined virtually all overtime class actions (those where the plaintiff challenged companies' classification of managers as "exempt" from overtime) automatically would be certified.

Au contraire. In this post-Sav-on decision, Dunbar v. Albertson's, the First District Court of Appeal held the trial court was within its discretion to deny class certification in an overtime case.

DGV