Duran
Duran v. U.S. Bank Nat'l Ass'n
Opinion
lead Opinion
Dondero, J.
*633 In our second encounter with this class action case, plaintiffs Samuel Duran and Matt Fitzsimmons appeal from the trial court's order denying class certification. This case is a wage and hour class action challenging whether defendant U.S. Bank *453 National Association (Bank) had properly classified its business banking officers (BBOs) as exempt employees under the outside salesperson exemption. This exemption applies to employees who spend more than 50 percent of their workday engaged in sales activities outside their employer's place of business. The trial court concluded plaintiffs failed to demonstrate that the case is manageable as a class action. We affirm.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
I. Background
The factual background behind plaintiffs' claims and the procedural history of this case from its inception are well known to the parties and this court, and we will not repeat it here. In brief, the case centers on plaintiffs' allegations that they were misclassified as outside salespersons when they allegedly actually spent the majority of their working hours inside Bank offices. 1 Like the court below, we incorporate by reference pages 13 through 24 of…