Class certification is unwarranted where auto center managers and assistant managers alleged they were improperly classified as exempt and denied overtime and meal and rest breaks in violation of the California Labor Code, the California Court of Appeal has ruled. Affirming a trial court determination, the Court concluded that the class representative could not rely on random statistical samples to establish liability and that individual issues predominated over common issue in this case. Dailey v. Sears, Roebuck and Co., No. D061055 (Cal. Ct. App. Mar. 20, 2013). The Court also held the class representative failed to show the employer had a uniform policy of depriving managers of meal or rest breaks.
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