3rd Circ. Says Sleepy's Spotty Records Don't Doom Cert. Bid

By Mike LaSusa (September 9, 2020, 10:50 PM EDT) -- A split Third Circuit panel ruled Wednesday that a lower court was wrong to deny class certification to delivery drivers for Sleepy's LLC, saying the mattress company's spotty records may make it difficult to determine who belongs in the proposed class, but that shouldn't doom the workers' case.

U.S. Circuit Judges Thomas L. Ambro and L. Felipe Restrepo said a New Jersey federal court had erred when it cited ascertainability problems as the reason for rejecting the delivery driver's bid to pursue their employee misclassification suit against Sleepy's as a group.

Writing for the majority, Judge Ambro said the district court...

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