Judge Wants Class Cert. Denied For Ex-Time Warner Workers

By Max Kutner (March 30, 2021, 6:51 PM EDT) -- Ex-Time Warner Cable sales representatives faced resistance in their long-running lawsuit accusing the former cable company of failing to pay overtime, as a New York federal magistrate judge on Tuesday recommended against certifying the class and collective.

In an order and report-recommendation in a case that has reached the Second Circuit, U.S. Magistrate Judge Therese Wiley Dancks said the former territory sales representatives had not sufficiently shown a common practice of misclassification as exempt from overtime pay requirements.

"The court finds plaintiffs have failed to meet their burden to show that defendant's alleged improper classification of TSRs may be proved on...

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