Overtime misclassification 567
April 17th, 2012 
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Duran v United States Bank National Assn. 203 Cal.App.4th 212 (2012) (1/1) Class action by bank officers for overtime misclassification as exempt, outside sales personnel. San-Diego-Auto-Accident-lawyer Evidence of job duties based on data from a sampling of 20 class members (of 260 member class), but sample not really random; other problems shown in lengthy review of evidence. Trial judgment for class, $15M, reversed. [1] Using a sample to prove liability violates defendant’s due process right to a fundamentally fair chance to tell its side of the story. Statistical sampling, if done right, permissible as alternative method of damage proof, not for liability where individual inquiries necessary. Even so, sample’s 43% margin of error is unacceptable. [2] Sampling plan flawed; trial court’s sua sponte sample size without expert advice violates, inter alia, Sax, Modern Scientific Evidence. [3] Excluding defendant’s evidence concerning any member other than the 20 is also error (e.g. showing at least 1/3 of class was properly classified). [4] Class improperly certified where defendant’s affirmative defense required individual proof, esp. since fewer than 10% of members subject to any proof. San Diego personal injury attorney