Case Updates
Oklahoma Supreme Court rejects certification of wage and hour class action
June 03, 2011
The Court found that the plaintiffs failed to meet the “predominance” requirement, i.e., that the common questions of law and fact must predominate over any individualized issues.
U.S. Chamber files amicus brief
March 12, 2010
NCLC urged the Oklahoma Supreme Court to reject class certification for workers seeking pay for “gap periods.” A “gap period” is the time between an employee “clocking in” and starting his shift, and the time between an employee ending his shift and “clocking out.” In its brief, NCLC argued that Oklahoma law requires employees to be paid only for time which is authorized, and that proving an employee was not properly compensated is a highly individualized inquiry not appropriate for class proceeding. NCLC warned that erroneous class certification decisions impose large burdens on employers, courts, and the economy.