In a recent decision, the U.S. Court of Appeals for the Fourth Circuit vacated Rule 23 certification of a wage-and-hour class action brought by current and former hourly employees in the Eastern District of Virginia alleging that their employer failed to pay brewery employees for required pre- and post-shift work.
In Overby v. Anheuser-Busch, LLC, No. 25-1520, the court held that the district court defined the proposed class and its purported common questions at too high a level of generality. The opinion reinforces the Fourth Circuit’s recent emphasis, particularly following Stafford v. Bojangles’ Restaurants, Inc., 123 F.4th 671 (4th Cir. 2024), that Rule 23 certification requires a close examination of whether the same evidence can establish liability across the proposed class—not simply whether employees point to a broad, common pay practice.
The named plaintiffs asserted claims under the Virginia Wage Payment Act, the Virginia Overtime Wage Act, and the FLSA. The employees alleged that they were generally paid for their scheduled shifts rather than based on badge-swipe data reflecting their arrival at and departure from the facility. They also alleged that the company required compensable work outside scheduled shift hours, including donning and doffing personal protective equipment, complying with COVID-19 screening and safety procedures, attending shift-handoff meetings, and securing or putting away tools. The district court certified a class encompassing virtually...
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