Double Defeat of Overtime Misclassification Class Certification

In our defense of a Fortune 500 company threatened with a California class action alleging overtime exempt misclassification by a group of bank employees, we definitively defeated the class certification in both federal and state courts. CDF’s defense was noteworthy because of a prior DOL audit and settlement which reclassified the position as non-exempt. We convinced the federal court judge to deny certification of the class. In response, the plaintiff successfully remanded the case to state court, and again moved for class certification. CDF defeated this second class certification motion and effectively ended the matter.


U.S. District Court, Northern District of California
Superior Court of California, County of Alameda


Timothy M. Freudenberger
Alison L. Tsao

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