Hershey Sales Reps' Class Cert. Bid Flops In OT Action

Law360, New York (April 24, 2013, 7:44 PM EDT) -- A California federal judge refused Tuesday to certify a statewide class of Hershey Co. retail sales reps who claim they were misclassified as exempt from overtime pay, citing concerns over the lack of action taken by potential class members in a parallel opt-in collective action.

U.S. District Judge Kandis A. Westmore granted Hershey's motion to deny class certification, expressing concerns over granting an opt-out class action — as the plaintiffs sought — noting that only a handful of employees decided to participate in the parallel Fair...
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