Ross v. RBS Citizens, N.A.

Dist. Ct. did not err in certifying for class action treatment plaintiffs-bank employees' lawsuit under Ill. Minimum Wage Law, alleging that defendant-employer denied them overtime pay by: (1) instructing them not to record hours actually worked; (2) modifying recorded overtime hours; (3) providing "comp" time instead of paying overtime; and (4) directing them to work during unpaid breaks. While defendant argued that Dist. Ct.'s certification of two classes consisting of hourly workers and assistant branch managers performing duties of hourly workers failed to comply with Rule 23(c)(1)(B) and did not satisfy commonality prerequisites for class certification, Dist. Ct.'s definition of instant classes was sufficiently clear so as to leave no doubt as to which employees constituted each class. Moreover, instant two classes satisfied commonality requirement where allegations of complaint did not require individual assessments of liability as to each class member, but rather concerned defendant's enforcement of its policy with respect to recording and paying overtime.