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ARTICLE · 13 JUNE 2013

Second Circuit Overturns Class Certification Order In Assistant Branch Manager Overtime Case

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The United States Court of Appeals for the Second Circuit issued its opinion in "Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A.".

United StatesEmployment and HR
Brian Murphy
Brian Murphy
Jonathan Sokolowski
Jonathan Sokolowski
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On May 29, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A., Case No. 12-2832, reversing the Eastern District of New York’s grant of Rule 23 class certification to a putative class of Assistant Branch Managers (“ABMs”) alleging that they were denied overtime. In a summary order, the Court held that the District Court failed to resolve factual disputes concerning the duties performed by putative class members, which were material to its ability to issue a ruling concerning commonality under Rule 23(a) and predominance under Rule 23(b)(3).

The plaintiff commenced an action in the Eastern District of New York alleging that he and other ABMs were misclassified as exempt and denied overtime in violation of the New York Labor Law. The plaintiff moved pursuant to Rule 23 of the Federal Rules of Civil Procedure for an order certifying the class. The District Court granted the

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