Absent Litigant in U.S. Bancorp Wage Suit Can Pursue Class Claim

A financial consultant’s membership in a dismissed subclass of a suit against U.S. Bancorp Investments Inc. doesn’t prevent him from pursuing an identical class action against the company, a California appeals court decided, reversing dismissal of class claims.

When Scott Williams joined U.S. Bancorp in 2007, he became part of a class seeking restitution for overtime wages, wage deductions, waiting penalties, and missed meal and rest breaks. He was also part of two subclasses, one of employees who worked more than 40 hours in a week without receiving overtime pay, and one for those who were required to bear the ...