IBM Call Center Worker Class Should Be Decertified: Judge

Law360, San Diego (January 20, 2012, 8:41 PM EST) -- A New York magistrate judge on Friday recommended that a class of call center workers alleging IBM Corp. did not pay them overtime should be decertified based on the individualized issues in the case.

U.S. Magistrate Judge Paul Davison said the court should grant IBM’s motion to decertify the class, finding that the named plaintiff had not met his burden of proving that he was similarly situated to the other 39 opt-in plaintiffs.

A group of former and current workers allege IBM failed to pay overtime...
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