Sleepy’s Drivers Win Appeal Over Wage Class Ascertainability (1)

Mattress retailer Sleepy’s “faulty recordkeeping” doesn’t prevent a group of New Jersey delivery drivers from identifying potential class members in a worker misclassification lawsuit, a divided Third Circuit ruled Wednesday.

The drivers sufficiently established that they have a “reliable and administratively feasible mechanism” for determining class membership based on the available records and affidavits given by potential members, the U.S. Court of Appeals for the Third Circuit held in a 2-1 decision.

The appeals court reversed the District of New Jersey’s denial of the renewed motion for class certification and remanded the case. The lower court was first wrong by ...