Denise L. Cote – U.S. District Court Judge for the Southern District of New York..061015
Rick Kopstein/NYLJ
Hundreds of New York-based Bloomberg LP analytics representatives, who help clients navigate their Bloomberg Terminals, have been certified as a class in a federal action aimed at recovering unpaid overtime.
Southern District Judge Denise Cote on Thursday certified the class, whose putative membership includes more than 1,000 current and former employees. She focused much of her decision on how the plaintiffs had met Federal Rule of Civil Procedure 23(a)’s “predominance” requirement, which mandates that a class action predominantly involve questions of law or fact common to the class.
“The defendant [Bloomberg] argues that there is no primary duty common to the proposed class,” Cote wrote, adding, “According to the defendant, the responsibilities of the class members are so varied that the class members do not share a primary duty and that no generalized proof can be used to identify a single primary duty for the class.”
But “individual issues … do not predominate,” Cote wrote. “The evidence presented by both plaintiffs and the defendant converge on one, basic point: Analytics representatives answer client questions about the Bloomberg Terminal. This is their primary duty.”
Earlier in the 24-page opinion, Cote also found that named plaintiff Eric Michael Roseman’s description of his analytics representative job at Bloomberg as boring—as one that “a monkey can do”—did not prevent him from meeting the “typicality” or “adequacy” requirements for representing the class. “This one employee’s reaction to his work does not render his claims atypical,” Cote wrote.
Trending Stories
-
Featured Firms
Law Offices of Gary Martin Hays & Associates P.C.75 Ponce De Leon Ave NE Ste 101Atlanta, GA 30308(470) 294-1674www.garymartinhays.comLaw Offices of Mark E. Salomone2 Oliver St #608Boston, MA 02109(857) 444-6468www.marksalomone.comSmith & Hassler1225 N Loop W #525Houston, TX 77008(713) 739-1250www.smithandhassler.comPresented by BigVoodoo
More From ALM
View Now
View Now
View Now
Dubai
Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.
Learn More
Aurora, CO
The premier educational and networking event for employee benefits brokers and agents.
Learn More
Philadelphia, PA
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Learn More
A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...
Apply Now ›
We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...
Apply Now ›
We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...
Apply Now ›
Connecticut Law Tribune
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS
View Announcement ›