Calif. Court's Take On Class Sampling May Stifle OT Actions

On May 16, 2012, The California Supreme Court granted plaintiffs Matt Fitzsimmons and Sam Duran's petition for review in an overtime case that could clarify and possibly limit workers’ use of statistical samples to establish classwide liability. Littler attorney Lara Strauss provides insight on the outcome of the case, stating, “I think it's fair to say that they won't come out exactly the same as the appeals court, but it's hard to imagine that they won't have some of the same concerns.”

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