By: Daily Record Staff//February 17, 2015
By: Daily Record Staff//February 17, 2015//
U.S. Court of Appeals for the Second Circuit – Class Certification – Damages – Class-wide Basis
Roach v. T.L. Cannon Corp.
Judges Jacobs, Droney and Kaplan
Background: The plaintiffs appealed from an order the denying class certification. The plaintiffs are four employees of Applebee’s restaurants who brought actions under the Fair Labor Standards Act. They alleged that the defendant had a policy of not paying hourly employees an extra hour of pay when working a 10-hour work day. The district court denied certification for both of plaintiffs’ claims holding that they failed to offer a damages model susceptible of measurement across the entire class.
Ruling: The Second Circuit vacated. The court held that Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) does not require that damages be measurable on a class-wide basis for certification.
Scott Michelman of Public Citizen Litigation Group for the plaintiffs-appellants; Craig R. Benson of Littler Mendelson for the defendants-respondents