Michael S. Kun Quoted in Article, “Amdocs Wants Disparate Worker Class Slashed, Judge Told”Law360 July 26, 2013
Michael S. Kun, a Member of the Firm in the Labor and Employment practice, in the Los Angeles office, was quoted in an article titled "Amdocs Wants Disparate Worker Class Slashed, Judge Told." (Read the full alert - subscription required.)
Following is an excerpt:
Amdocs Inc. urged a California federal judge Friday to decertify a class of former information technology employees who say the global technology firm misclassified them as overtime-exempt, arguing that the class members had widely varying responsibilities and the named plaintiffs were in a separate job category.
The company's attorney told U.S. District Court Judge Susan Illston that she should rescind the conditional certification she granted in December 2011, arguing that after two years the plaintiffs have failed to come up with enough factors that the employees in the proposed class have in common. Also during Friday's hearing, the plaintiffs argued that Judge Illston should certify a California class of Amdocs employees dubbed "individual contributors" who held little or no authority within the company.
"We were surprised to see the motion, because [plaintiffs] Patrick Santiago and Robert Schussel were never identified as individual contributors," said Amdocs' attorney, Michael Kun with Epstein Becker & Green. While that job category exists at Amdocs, it includes employees at a variety of ranks, he said.
"It's a very convoluted system," Kun added.