Dailey v. Sears, Roebuck & Co., 214 Cal. App. 4th 974 (2013)

William Dailey brought individual and class action claims against Sears for allegedly misclassifying its automotive managers and assistant managers as exempt from overtime. Dailey alleged the managers worked at least 50 hours per week and spent the majority of their time working on nonexempt activities. Sears opposed the motion to certify and sought to preclude the class on the ground that determining how the class members actually spend their time requires individualized evidence and cannot be proven on a classwide basis. The trial court granted Sears's motion to preclude and denied Dailey's motion to certify the class. The Court of Appeal affirmed, holding that the trial court had not abused its discretion in denying class certification based on its finding that common questions of law and fact do not predominate. The Court further held that the trial court did not err in rejecting a proposed statistical sampling procedure when the class action proponent fails to "explain how the procedure will effectively manage the issues in question."