Keller

Appellants are managers (managers) employed by respondent, Tuesday Morning, Inc. (TM). The managers filed a class action against TM, alleging that TM failed to pay overtime wages. The trial court denied certification. The Supreme Court subsequently issued an opinion addressing the standards for granting class certification. In light of the decision, the trial court reversed its position and granted the managers’ motion to certify the class. Two years later, TM filed a motion to decertify the class. A different trial judge granted the motion on the ground that individual issues predominated over common issues, thus a class action was not the appropriate mechanism by which to litigate the managers’ claims. We affirm.

FACTS

Respondent TM is a retailer that sells brand-name merchandise at discounted prices. Its stores open during periodic “sales events” lasting from three to eight weeks, and close for the remainder of the year. Employees work year round preparing for the sales. TM operates nationwide and has 80 stores in California. They vary in size from 4,227 square feet to 21,000 square feet, and are located in diverse communities.

The managers brought a class action…