Employment & Labor Law
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Silva-Arriaga v. Texas Express, Inc.
17 Fla. L. Weekly Fed. D987a (M.D. Fla. August 9, 2004)
Plaintiffs brought a class action suit under the AWPA that was challenged by the defendant on the predominance requirement under Rule 23(b)(3) Fed. R. Civ. P., which requires questions of law and fact common to all members of the class predominate over questions that pertain only to individual members, and that a class action is superior to other available methods. The plaintiffs grouped the AWPA violations into three issues (1) whether defendant failed to keep and preserve payroll records; 2) whether defendant failed to provide wage statements on each payday; and (3) whether defendants failed to pay wages promptly when due, and alleged that the issues of law and fact were common to the named plaintiffs and over 200 individuals. The court concluded that the plaintiffs were successful in adequately showing that common question of law and fact predominated over the individual issues. Because the plaintiff
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