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ARTICLE · 04 JANUARY 2016

Judge Denies Class Certification Motion In Goodyear Suit: No Common Issues Exist!

Fox Rothschild LLP
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The Judge concluded that Goodyear did not have common, uniform policies of not paying hourly employees at the auto service centers for making bank runs.

United StatesEmployment and HR

I often (happily) blog about employer victories in defeating efforts of plaintiffs to secure conditional certification in FLSA overtime cases. Well, another victory has come down the pike. A federal judge has just denied a motion for conditional certification, finding (as is often the case) that common issues among the putative class did not predominate. The case is entitled Johnson et al. v. Goodyear Tire & Rubber Co., and was filed in federal court in the Central District of California.

The Judge concluded that Goodyear did not have common, uniform policies of not paying hourly employees at the auto service centers for making bank runs. The plaintiff also argued that the Company did not include bonuses when computing the regular rate for overtime. The Judge disagreed, stating that "to the extent plaintiff’s claim alleging miscalculation of overtime pay rests on his own experience with rounding errors in his paychecks, he has failed to demonstrate that other

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