C.A. 4th;
G052558

The Fourth Appellate District affirmed a trial court order. The court held that the trial court properly denied class certification based on plaintiffs' failure to show that defendant had a practice or policy that impacted all members of the proposed class.

Valerie Kizer and Sharal Williams filed a putative class action against former employer Tristar Risk Management, alleging Tristar failed to pay plaintiffs and its other claims examiners overtime compensation because it misclassified them as exempt from California's overtime laws. The trial court denied class certification, finding plaintiffs failed to present substantial evidence showing their claims were typical of the proposed class and that common issues of law or fact predominated. The court explained that Tristar's alleged misclassification of the proposed class did not give rise to liability on an overtime claim unless the employees showed they worked hours or days requiring overtime compensation. Plaintiffs failed to present evidence showing Tristar had a generally applicable policy or practice requiring employees to work overtime, and thus failed to show they could establish liability based on proof common to all class members.