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Fact-Based Seating Test Leaves Class Cert. Prospects Murky

By Vin Gurrieri ( April 7, 2016, 10:20 PM EDT) -- The California Supreme Court's recent clarification that employers and courts should use a fact-specific approach to determine whether workers must be given seats is far from the uniform test some had hoped for, and attorneys say it creates uncertainty over what it will take to win class certification in seating cases....

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