Rule 23 certification; FLSA; overtime; misclassification; statisical evidence;

Co-authored by Steve Shardonofsky and Rebecca DeGroff

Last week, in Sirko v. IBM, a federal district court in California rejected the plaintiffs’ efforts to use a rudimentary survey to establish Rule 23 class certification because the survey — designed and administered by plaintiffs’ counsel — “lack[ed] basic indicators of reliability.”  The case is yet another example of the trend
Continue Reading Unreliable Survey Dooms IBM Workers’ Bid for Class Certification