Discount Retailer Gets Store Manager Class Decertified

Law360, New York (November 5, 2009, 7:21 PM EST) -- A California appeals court has upheld the decertification of a class made up of hundreds of Tuesday Morning Inc. store managers who have accused the discount retailer of misclassifying them as exempt and failing to pay overtime wages.

The Second District Court of Appeal on Wednesday agreed that a lower court correctly decertified the class after concluding that because the retailer’s 80 stores across the state varied in size, socioeconomic makeup, managers’ supervisory duties and other aspects, individual matters would predominate over any common inquiry....
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