The U.S. Court of Appeals for the Seventh Circuit has ruled that a District Court did not err in certifying for class action treatment plaintiffs-bank employees’ lawsuit under the Illinois Minimum Wage Law, alleging that defendant-employer denied them overtime pay by: (1) instructing them not to record hours actually worked; (2) modifying recorded overtime hours; (3) providing “comp” time instead of paying overtime; and (4) directing them to work during unpaid breaks.
While the defendant bank argued that the District Court’s certification of two classes consisting of hourly workers and assistant branch managers performing duties of hourly workers failed to comply with Rule 23(c)(1)(B) and did not satisfy commonality prerequisites for class certification, the District Court’s definition of instant classes was sufficiently clear so as to leave no doubt as to which employees constituted each class. Moreover, the Seventh Circuit reasoned, two classes satisfied the commonality requirement where allegations of the complaint did not require individual assessments of liability as to each class member, but rather concerned the bank’s enforcement of its policy with respect to recording and paying overtime.
Ross v. RBS Citizens, N.A., No. 10-3848 (January 27, 2012) N.D. Ill., E. Div.
Gregg D. Killoren
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