FLSA Class Nixed In ManorCare Meal Break Suit

By Aaron Taube (February 1, 2013, 6:34 PM EST) -- An Ohio federal judge on Thursday decertified a conditional class of HCR ManorCare Inc. employees who allege the long-term care provider's meal break policy violated the Fair Labor Standards Act, saying the workers' experiences were too diverse to justify the class.

U.S. District Judge Jack Zouhary dismissed opt-in plaintiffs' class claims because they presented varying accounts of what instructions workers were given on claiming wages earned while working through meal breaks, which were automatically deducted from wage statements.

"The record shows a variety of factual and employment settings among the individual plaintiffs and the actions of hundreds of managers who actually...

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