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Class Status Denied In BellSouth FLSA Suit

Law360 (February 11, 2009, 12:00 AM EST) -- BellSouth Telecommunications Inc. got a lift Tuesday as a judge denied conditional class status to call center employees seeking unpaid overtime wages, holding the plaintiffs’ activities and claims too varied to qualify for collective certification.

Stressing disparities in the putative plaintiffs’ job duties and inconsistencies in the alleged violations, Judge Orinda D. Evans of the U.S. District Court for the Northern District of Georgia said the plaintiffs’ lacked the commonality required to carry opt-in class status.

While the plaintiffs’ burden in establishing representative standing with the...
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