A federal judge in Newark has denied certification to a class of Walmart overnight assistant store managers in New York and New Jersey who claimed they were wrongly declared exempt from overtime pay.

The judge, applying recent case law from the U.S. Court of Appeals for the Third Circuit, found the plaintiffs failed to satisfy the commonality requirement that is one of four prerequisites to class certification. U.S. District Judge Madeline Cox Arleo ruled that the plaintiffs satisfied the other three prerequisites—numerosity, typicality and adequacy of representation.

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