Actual Work Activities Performed, Not Employer Policies Alone,Trump in Denial of Class Certification

Plaintiffs often argue in seeking class certification that an employer’s policy applicable to all or a certain group of employees provides sufficient evidence of commonality to justify the certification of the alleged class.  In Delodder v. Aerotek, Inc., the Ninth Circuit affirmed the district court’s decision denying certification of a class of recruiters who claimed they had been misclassified as exempt from California’s overtime requirements.  In reaching its decision, the Court of Appeals agreed with the lower court that evidence of material differences in the activities that the alleged class members actually performed carried greater weight than the defendant’s uniform corporate policies and training programs.

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