Ninth Circuit To Review Class Certification In Key Administrative Exemption Case

On November 8, 2010, the Ninth Circuit - in DeLodder v. Aerotek, Inc., Case No. 10-80178 (November 8, 2010) - agreed to hear a discretionary appeal of the denial of a class certification order in overtime litigation involving 700-plus Aerotek recruiters. Plaintiffs seek unpaid overtime and California Labor Code penalties for missed meal periods and rest breaks. Aerotek, a large staffing firm, classified its regular full-time recruiters exempt from overtime and California meal period and rest break rules under the white-collar administrative exemption. Judge Dolly Gee of the U.S. District Court for the Central District of California concluded that while Rule 23(a) requirements for numerosity, commonality, typicality, and adequate representation were met, certification under Rule 23(b) was not appropriate because of the necessarily highly individualized inquiry into the degree of independent judgment each recruiter

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