9th Circ. Denies Class Cert. For BofA OT Wages Suit

Law360 (November 18, 2020, 10:29 PM EST) -- The Ninth Circuit on Wednesday affirmed the denial of class certification for a former Bank of America senior account manager's overtime suit, holding that the employee failed to demonstrate that a timekeeping system challenged in her complaint operated on a wide scale.

In a published opinion authored by U.S. Circuit Judge Ronald M. Gould, the panel upheld U.S. District Judge David O. Carter's July 2019 decision to deny Cindy Castillo's motion to certify a class of 5,031 California-based workers. The panel said no classwide injury was demonstrated because it is not clear whether all the proposed class members worked any overtime during the class...

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