Saks Puts Up Its “Dukes”? Judge Rules Class Members Too Dissimilar In Denying Class Certification

Last week, in Till v. Saks Inc., U.S. District Judge Saundra Brown Armstrong of the Northern District of California denied Plaintiffs’ motion to certify a class of present and former exempt managers and associates at Saks’ Off 5th retail stores, and granted Saks’ preemptive bid to deny approval of a nationwide FLSA certification.  At issue in the case was the executive exemption.  Plaintiffs claim they were improperly classified as exempt, and alleged various related claims under the FLSA and California Labor Code.  
 

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