By Jess Krochtengel (September 29, 2014, 7:56 PM EDT) -- A Texas federal judge on Monday decertified a collective action against Meritage Homes Corp., holding that a group of home sales representatives aren't sufficiently similarly situated to move forward as a group in the Fair Labor Standards Act suit and ordered the parties to prepare for a November trial with six plaintiffs.
U.S. Circuit Judge Gregg Costa, who is continuing to oversee the FLSA trial after he was confirmed this summer to the appellate court, said discovery evidence showed that though the plaintiffs in the case shared a common job description, their actual performance varied. He said evidence, including tapes collected...
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