Friday, April 25th, 2008...1:31 pm
9th Cir: Class Certification for Wal-Mart Overtime Claims
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Assistant Managers of Wal-Mart stores sued for unpaid overtime. The trial court denied certification under both Rule 23(b)(2) and (3). On interlocutory appeal, the 9th Circuit found no abuse of discretion as to Rule 23(b)(3), but held that the trial court erred as to Rule 23(b)(2). Under 9th Circuit precedent (vs. 5th Circuit), the non-incidental nature of the damages claims does not automatically preclude Rule 23(b)(2) certification. The panel also directed the trial court to “reconsider using Rule 23(c)(4) to certify specific issues under the Rule 23(b)(2) standard.”
Sepulveda v. Wal-Mart Stores Inc., 2008 WL 1868333 (9th Cir. Apr. 25, 2008)(unpub.)
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