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RJO Attorneys Defeat Motion Seeking to Certify Class of Restaurant Managers Working For Fast Food Restaurant Chain


After multiple briefings and three hearings, RJO attorneys Dennis Huie and Sharon Rossi successfully defeated a motion for class certification in a putative wage and hour class action brought by a former restaurant manager working for a franchisee of a national fast-food restaurant chain alleging that she was misclassified as exempt and entitled to unpaid overtime and penalties for missed meal and rest periods. In a lengthy opinion, the trial judge ruled that despite Plaintiff’s characterization of the Defendant franchise owners’ operations as highly standardized, the evidence demonstrated that the realistic expectations of the restaurant managers varied significantly from store to store thus ruling that common issues do not predominate. Key defense objections to Plaintiff’s expert testimony were also sustained which played a role in the Court’s finding that Plaintiff was also unable to establish manageability as required in Duran v. U.S. Bank.

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