Sears Auto Managers Denied Class Cert. In Overtime Dispute

Law360, New York (March 21, 2013, 2:05 PM EDT) -- A California appeals court ruled Wednesday that a group of Sears Auto Center managers couldn’t bring class action accusations that the retailer misclassified them as exempt from overtime.

Agreeing with a trial court, California’s Court of Appeal for the Fourth District ruled that former Sears manager William Dailey hadn’t shown how issues of common, companywide policies predominated over those involving individual, worker-to-worker facts — a key requirement for class status.

“The record before us contains substantial evidence that Dailey's theory of liability — i.e., that Sears acted in a uniform manner toward the proposed class members, resulting in their widespread misclassification...

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