Home Depot Says Workers' Own Survey Supports Decert. Bid

By Craig Clough (May 5, 2022, 9:28 PM EDT) -- Home Depot urged a California federal judge Thursday to decertify two classes of workers who say the home improvement store made them work off the clock, arguing during a video hearing that the workers' own survey shows not enough of them were injured to qualify as certified classes.

Shon Morgan of Quinn Emanuel Urquhart & Sullivan LLP, who represents Home Depot, told U.S. District Judge Richard Seeborg that a post-certification survey touted by the classes as further evidence of their claims is, in fact, a reason to decertify them.

The survey in question as presented by the classes concluded 97.1% of...

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