In a recent decision, the U.S. Court of Appeals for the Fourth Circuit vacated Rule 23 certification of a wage-and-hour class action brought by current and former hourly employees in the Eastern District of Virginia alleging that their employer failed to pay brewery employees for required pre- and post-shift work.
In Overby v. Anheuser-Busch, LLC, No. 25-1520, the court held that the district court defined the proposed class and its purported common questions at too high a level of generality. The opinion reinforces the Fourth Circuit’s recent emphasis, particularly following Stafford v. Bojangles’ Restaurants, Inc., 123 F.4th 671 (4th Cir. 2024), that Rule 23 certification requires a close examination of whether the same evidence can establish liability across the proposed class—not simply whether employees point to a broad, common pay practice.
The named plaintiffs asserted claims under the Virginia Wage Payment Act, the Virginia Overtime Wage Act, and the FLSA. The employees… Read the complete article here...
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