Decertification Ruling Issues in Federal Case

Judge Barrett has issued a favorable decision on TQL’s motion to decertify the Federal overtime class. The decision permits the Federal case to go forward, but in two narrower classes, one consisting of LAETs employed after February 14, 2008, and a second of Junior LAEs employed after that date. Commission eligible LAEs are excluded from both classes. The ruling adversely affects individuals who opted in to the Federal case but were employed only as commission eligible LAEs after February 14, 2008.

We vigorously argued to maintain all of the original class members in the case. We are bound, however, by the Judge's decision. As a result, approximately 17 members of the class are no longer included in the case as they did not work as LAETs or Junior LAEs after February 14, 2008. We have notified those affected by the ruling.

While we are very gratified that Judge Barrett maintained the Federal class for the LAETs and Junior LAEs, we are disappointed that those employed only as LAEs during the class period will not be able to continue in the case. We want thank each and every one of the individuals dismissed by the decision for their important contributions to the litigation. We value each and every member of our class.

The Judge's decision is a very important one in this litigation as it establishes that the federal case may proceed as a "collective action."