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 in Dailey v. Sears, Roebuck and Co.Statistical Sampling Could Not Establish Liability in Wage-Hour Class Action, California Court Rules, for more information.) The Court also held the class representative failed to show the employer had a uniform policy of depriving managers of meal or rest breaks., No. D061055 (Cal. Ct. App. Mar. 20, 2013). 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. (See our article,
