In a class action for failing to pay hourly employees for all time worked, an order denying class certification is affirmed where the employees' punch clock records did not provide common proof of any uncompensated work during gap periods, particularly in light of employee testimony regarding the various non-work-related activities that took place during the gap periods and the various personal reasons that employees listed for coming in early and staying late.
Read Babineau v. Fed. Express Corp., No. 08-16227
Appellate Information
Filed July 27, 2009
Judges
Opinion by Judge Edenfield