Home Depot Overtime Cases
Home Depot USA, Inc., the nationwide chain of home improvement stores, employs Merchandising Assistant Store Managers (MASMs) to work 55 hours a week or more. The trial court denied plaintiffs motion seeking class certification. (Code Civ. Proc., 632.) Plaintiffs appeal.
Court hold the trial court did not abuse its discretion in determining that plaintiffs did not meet their burden of proof for class certification. The disputed issue, whether the proposed class is exempt from overtime wage laws, involves individual questions of fact that predominate over common issues, rendering class action treatment inappropriate. We also hold the trial court did not commit legal error, as urged by plaintiffs. Court reject plaintiffs continuously reiterated position that, for purposes of class certification, the trial court should consider only the realistic requirements of the job of MASM in deciding whether it qualifies for exempt status. Court affirm the judgment.
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