Campbell v. PricewaterhouseCoopers, LLP

287 F.R.D. 615, 2012 WL 5989377, 2012 U.S. Dist. LEXIS 169957
CourtDistrict Court, E.D. California
DecidedNovember 29, 2012
DocketNo. CIV. S-06-2376 LKK/GGH
StatusPublished
Cited by4 cases

This text of 287 F.R.D. 615 (Campbell v. PricewaterhouseCoopers, LLP) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. PricewaterhouseCoopers, LLP, 287 F.R.D. 615, 2012 WL 5989377, 2012 U.S. Dist. LEXIS 169957 (E.D. Cal. 2012).

Opinion

[618]*618 ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Defendant moves to de-certify the plaintiff class. For the reasons set forth below, the motion will be denied.

I. INTRODUCTION

This is a class action brought by Attest Junior Associates employed in the California offices of PricewaterhouseCoopers LLC (“PwC”) in California.1 Jurisdiction is based upon class action diversity, 28 U.S.C. § 1332(d)(2)(A). The Second Amended Complaint alleges that PwC violated California wage and hour laws by, among other things, failing to pay required overtime to plaintiffs. California law:

provides that a California employee is entitled to overtime pay for work in excess of eight hours in one workday or 40 hours in one week.

Harris v. Superior Court, 53 Cal.4th 170, 177-78, 135 Cal.Rptr.3d 247, 266 P.3d 953 (2011), citing Cal. Labor Code § 510(a).

Plaintiffs allege, and defendant disputes, that PwC improperly classified plaintiffs as “exempt” employees under California labor laws. This classification, if correct, would allow PwC to, among other things, avoid paying plaintiffs overtime wages for overtime work. As relevant here, California Law exempts from the overtime pay requirement, “administrative, and professional employees” whose primary duties meet the test of the exemption, and who regularly exercise “discretion and independent judgment” in performing those duties.2 Harris, 53 Cal.4th at 178, 135 Cal.Rptr.3d 247, 266 P.3d 953, citing Cal. Labor Code § 515(a).

On March 25, 2008, this court certified the following class of plaintiffs:

All persons employed by Pricewaterhouse-Coopers, LLP in California, from October 27, 2002, until the time when class notice was given, who: (1) assisted certified public accountants in the practice of public accountancy, as provided for in California Business and Professions Code §§ 5051 and 5053; (2) worked as Associates in the “Attest” Division of the “Assurance” Line of Service (hereinafter, “Attest Associates”); (3) were not licensed by the State of California as certified public accountants during some or all of this time period; and (4) were classified as “exempt” employees.

See Campbell v. PricewaterhouseCoopers, LLP, 253 F.R.D. 586, 590 (E.D.Cal.2008) (Karlton, J.).3 The Ninth Circuit declined to review the order on interlocutory appeal.

On March 11, 2009, this court granted plaintiffs a summary adjudication on their assertion that Attest Associates could not qualify for the “professional” employee exemption because they were unlicensed. See Campbell v. PricewaterhouseCoopers, LLP, 602 F.Supp.2d 1163 (E.D.Cal.2009) (Karlton, J.). The Ninth Circuit reversed, holding that even unlicensed accountants could qualify for the “professional” employee exemption if they fit within the “learned profession” part of that exemption. See Campbell v. Price-waterhouseCoopers, LLP, 642 F.3d 820 (9th Cir.2011).

On this motion, defendant argues that de-certification is now required by subsequent events and by intervening authority. Plaintiffs oppose, asserting that the certification motion was correctly decided, and should stand.

[619]*619II. STANDARDS

A. Class Decertification — Allocation of Burdens.

A class certification order “may be altered or amended before final judgment.” Fed. R.Civ.P. 23(c)(1)(C). Of course, plaintiff, as the party seeking class certification, had the initial burden “of affirmatively demonstrating that the class meets the requirements of Federal Rule of Civil Procedure 23.” Mazza v. American Honda Motor Co., Inc., 666 F.3d 581, 588 (9th Cir.2012); United Steel Workers v. ConocoPhillips Co., 593 F.3d 802, 807 (9th Cir.2010) (“The party seeking class certification bears the burden of demonstrating that the requirements of Rules 23(a) and (b) are met”).

According to the normal practice followed in regard to motions, the proponent of a motion bears the initial burden of showing that the motion should be granted. However, in the case of a motion to decertify a class, the Ninth Circuit rule is that the party resisting the motion bears the burden of showing that the motion should not be granted. Marlo v. United Parcel Service, Inc., 639 F.3d 942, 947 (9th Cir.2011). The resisting party meets this burden by showing that class certification is still warranted:

Thus, as to the class-decertification issue, Mario, as “[t]he party seeking class certification [,] bears the burden of demonstrating that the requirements of Rules 23(a) and (b) are met.”

Id., 639 F.3d at 947.4

B. Class Decertification — Rule 23(a).

Class certification is proper, and therefore may withstand a motion to decertify, only “if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied.” General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). The Federal Rules provide:

One or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joinder of all members is impracticable [“numerosity”];(2) there are questions of law or fact common to the class [“commonality”]; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class [“typicality”]; and (4) the representative parties will fairly and adequately protect the interests of the class [“adequacy” (of representation) ].

Fed.R.Civ.P. 23(a).

In the present context — a lawsuit alleging mis-classification of employees as exempt under California law — plaintiffs bear the burden of showing that the mis-classification “‘was the rule rather than the exception.’” Marlo, 639 F.3d at 947, quoting Marlo v. United Parcel Service, Inc., 251 F.R.D. 476, 482 (C.D.Cal.2008).

C. Class Decertification — Rule 23(b).

In addition, class certification is proper only if “at least one of the requirements of Rule 23(b)” is satisfied. Ellis v. Costco Wholesale Corp.,

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Bluebook (online)
287 F.R.D. 615, 2012 WL 5989377, 2012 U.S. Dist. LEXIS 169957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-pricewaterhousecoopers-llp-caed-2012.