Takeaways
The Fourth Circuit’s Overby decision vacated certification of a wage and hour class action, holding that broad allegations of a common pay practice could not overcome potentially significant differences in employees’ alleged pre- and post-shift work.
General allegations that employees were paid only for scheduled shift time will not necessarily establish commonality or predominance if determining liability requires individualized inquiries.
The decision reinforces that employers can defeat class certification where determining liability would require individualized inquiries into tasks performed, timing, location, job duties, departments or governing legal standards.
Related link
Overby v. Anheuser-Busch, LLC
Article
The U.S. Court of Appeals for the Fourth Circuit vacated a district court’s order certifying a Rule 23 class in a suit filed by brewery workers seeking pay for pre- and post-shift activities. Overby v. Anheuser-Busch, LLC, 2026 U.S. App. LEXIS 17279 (4th Cir… Read the complete article here...
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