278 F.R.D. 36
D. Mass.2011Background
- Lord & Taylor uses an electronic card-swiping system to track hours and meal breaks; if a meal break is not swiped out, a one-hour deduction is automatic.
- Deviation reports note missed meal breaks and are sent to the Area Sales Manager who may correct the employee’s hours.
- Clock-in/out times are rounded to scheduled times if employees report within six minutes of their shift start.
- Plaintiff sues on behalf of herself and others for Massachusetts wage-law violations and unjust enrichment.
- Plaintiff moves to certify a class; the court denies the motion after a December 14, 2011 hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff exhausted administrative remedies | Swanson properly exhausted via AG complaints. | Exhaustion not satisfied for current claims; second complaint filed after suit cannot cure. | Exhaustion not satisfied; plaintiff not an adequate representative. |
| Whether plaintiff is a typical class representative | Claims arise from same conduct as class members. | Mass. statutory claims involve treble damages; plaintiff lacks same exposure as others. | Plaintiff not typical; only potential common-law claim though class asserts statutory claims with treble damages. |
| Whether plaintiff is an adequate class representative | Plaintiff vigorously represents class interests. | Unique exhaustion defense defeats adequacy. | Plaintiff not adequate; unique defenses undermine class representation. |
Key Cases Cited
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (class certification requires commonality and adequate representation)
- In re Credit Suisse-AOL Sec. Litig., 253 F.R.D. 17 (D. Mass. 2008) (court discusses pliability of class certification and exhaustion concepts)
- In re Relafen Antitrust Litig., 218 F.R.D. 337 (D. Mass. 2003) (adequacy and typicality considerations in class actions)
- In re Salomon Analyst Metromedia Litig., 236 F.R.D. 208 (S.D.N.Y. 2006) (monitoring the scope of class representatives and common issues)
- Forbes v. FDIC, 850 F. Supp. 94 (D. Mass. 1994) (Mass. exhaustion and administrative remedies framework cited)