11th Circ. Denies Class Cert. In FedEx OT Action

Law360, New York (July 27, 2009, 6:08 PM EDT) -- A federal appeals court has affirmed a lower court's order denying class certification in a wage-and-hour suit against FedEx Corp., finding that individualized issues predominate with respect to the plaintiffs' break and gap period claims.

The U.S. Court of Appeals for the Eleventh Circuit on Monday held that the district court did not abuse its discretion in refusing to certify the proposed class.

The plaintiffs, Florida-based employees of the delivery giant, claimed FedEx failed to pay them for the time intervals between their manual punch-in time...
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