John S. Poulos is a Sacramento-based commercial litigator with Lewis Brisbois Bisgaard & Smith LLP. Commercial litigators represent businesses in lawsuits and handle many different types of cases. One case John S. Poulos worked on was a class action labor dispute, Duran v. U.S. Bank National Association. Class action lawsuits are 1) ones where there are many people (called a “class”) who share a common grievance and 2) the number of people affected is too many to bring before the court. In these cases, the court typically takes a sampling of the people involved to get a representation of the situation. It’s important for the sampling to be accurate in order to make an accurate ruling. In Duran v. U.S. Bank National Association, for example, the employees sued their employer on the basis that they were misclassified as exempt employees and as a result were not being paid overtime for their work. The employer claims because the employees spent more than 50 percent of their work time on outside sales duties, they were exempt from overtime. While the employees were initially awarded what was calculated as what was owed to them, the ruling was overturned on appeal because the California Supreme Court found that the trial court had failed to obtain a representative sample of employees, and therefore, the data used in its statistical analysis was flawed.
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AuthorJohn Poulos, a Managing Partner with Pillsbury Winthrop Shaw Pittman LLP, has realized a number of successes over the course of his academic and professional careers. Archives
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