Case: Wage & Hour/California Class Actions (S.D. Cal.)

A California federal district court denied a motion for class certification brought by a former store manager seeking to certify a class action against Tapestry, Inc. under California Labor Code § 2802(a) for reimbursement of business expenses related to personal phone use, finding that while the store manager satisfied the commonality requirement under Rule 23(a), individual factual issues would predominate over common questions due to inconsistent personal phone use patterns across 96 exempt employees at 40 different store locations with varying demands and supervisory structures, thus failing to meet the predominance requirement of Rule 23(b)(3).

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