In a significant victory for its client, Littler attorneys convinced the U.S. District Court for the Northern District of California to decertify both of the classes that had been conditionally certified in an action by managers and other non-exempt employees for alleged violations of the FLSA. The managers claimed they had been misclassified as exempt employees, and the non-exempt employees claimed they were not properly compensated for "off-the-clock" work.

In a significant victory for its client, Littler attorneys convinced the U.S. District Court for the Northern District of California to decertify both of the classes that had been conditionally certified in an action by managers and other non-exempt employees for alleged violations of the FLSA. The managers claimed they had been misclassified as exempt employees, and the non-exempt employees claimed they were not properly compensated for "off-the-clock" work. The court found that neither of the classes had established they were similarly situated. As to the non-exempt employees, the court found that there was no common policy compelling employees to work off-the-clock and, to the contrary, the company had a policy of paying employees for all hours worked. As to the managers, the court found there were substantial differences in job duties and responsibilities among the plaintiffs, and that individualized inquiry would be necessary to determine whether each class member satisfied any of the exemptions. In sum, the court's decision was a total victory for the employer, with the court concluding that the case could not proceed as a collective action.