Aerotek Case Set To Redraw Class Cert. Battle Lines

Law360, New York (December 14, 2010, 7:21 PM EST) -- A federal appeals court's recent decision to hear a class certification denial challenge by a group of Aerotek Inc. recruiters who allege they were misclassified as overtime-exempt bodes ill for employers, according to experts, who say the court could use the case to limit the weight judges can assign to workers' individual duties at the certification stage.

While defense lawyers believe current case law on the issue is clear and provides sufficient guidance, they agree that the U.S. Court of Appeals for the Ninth Circuit's surprising...
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