Judge Urges Class Cert. Grant In Dell FLSA Suit

Law360, New York (July 6, 2009, 12:00 AM EDT) -- In a nationwide collective action brought on behalf of Dell Inc. business sales representatives, a magistrate judge has recommended granting certification on the plaintiffs’ improper classification and unpaid wages claims but proposed denying certification on the allegation that Dell’s incentive policies were unlawful.

In a report issued Thursday in the U.S. District Court for the Western District of Texas, Magistrate Judge Andrew W. Austin said the lead plaintiffs had met their burden for conditional certification on two counts but that they failed to show that the...
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