O’Melveny Worldwide

Law360: American Airlines Workers’ Bid For 4K Off-Clock Class Flops

September 15, 2022

US District Judge Philip S. Gutierrez denied class certification of American Airlines employees alleging that up to 4,000 current and former workers were deprived of overtime pay for time they spent at airports before clocking in and after clocking out. “What’s fatal is that plaintiff does not explain how the inclusion of all nonexempt employees will not scoop up hundreds of employees who were unexposed to the policy,” Judge Gutierrez said. “And the court will not now exercise its discretion to save the subclass by redefining it.” American Airlines is represented by Adam P. Kohsweeney, Kelly S. Wood, and Allan W. Gustin of O’Melveny & Myers LLP.

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