Home Depot Managers Denied Class Cert. In OT Suit

Law360, New York (January 22, 2010, 1:48 PM EST) -- Two former assistant store managers at Home Depot USA Inc. have lost a bid to certify a class in a suit accusing the retailer of deliberately misclassifying the workers as exempt to avoid paying them extra for overtime work.

Judge S. James Otero of the U.S. District Court for the Central District of California on Thursday denied a bid from named plaintiffs Areceli Mendoza and Kyle Diamond to certify a class of potentially thousands of California workers.

The plaintiffs had moved to certify two classes: one...
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