American Staffing Association (03/16/12) Stephen Dwyer

In an unpublished opinion issued March 15, the U.S. Court of Appeals for the Ninth Circuit denied class certification in a case brought on behalf of Aerotek recruiters who claimed that they were misclassified as exempt administrative employees and thus entitled to overtime pay under California wage and hour law, Delodder, et al, v. Aerotek, Case 10-56755. The court upheld the district court’s ruling that the recruiters were not similarly situated and thus could not comprise a proper class for the class action.

The Court of Appeals affirmed the district court’s finding that the recruiters’ candidate sourcing techniques, interview styles, authority to recommend candidates, and relationship with supervisors all were relevant to whether the recruiters were exempt, and the variation in such activities among recruiters did not allow for class-wide adjudication.