Here’s incentive to give managers more control over their own schedules. It could prevent one disgruntled employee from turning a simple lawsuit into a class action that covers everyone else with a similar job. That might make the difference between a small verdict and a huge one.
Recent case: William sued Sears over the hours he claimed he spent doing hourly work even though he was classified as an exempt manager. He wanted his suit to represent every Sears Auto Center manager and assistant manager in California.
William claimed he was required to work at least 50 hours per week. Sears said that wasn’t so and thatstaff could set their own hours based on local needs, their own desires and abilities. The court denied class certification. William now only represents himself. (Dailey v. Sears, Roebuck and Co., No. D061055, Court of Appeal of California, 4th Appellate District, 2013)
- Slay the wage-and-hour dragon before it breathes class-action fire
- Don't let court take employee's word on hours
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