On January 6, 2016, the Eastern District of California ruled on the parties’ motions for summary judgment and Defendant Synthes’ motion to decertify the class in the matter of Lindell v. Synthes USA, No. 1:11-cv-02053 LJO BAM (E.D. Cal.), holding that the plaintiff classes–represented by Catha Worthman, Todd Jackson, and Darin Ranahan from Feinberg, Jackson, Worthman & Wasow LLP as well as attorneys from Lang, Richert & Patch LLP–could proceed to trial on their claim that Synthes unlawfully maintained a policy of refusing to reimburse its sales consultant employees for expenses incurred in the course of business, and that Synthes’ deductions policy was unlawful on its face. In granting partial summary judgment on the plaintiffs’ deductions claim, the court rejected Synthes’ argument that such deductions were from advances, holding that its policy “necessarily deducted money from employees’ wages for business losses” and thus “could not comply with California law even if Class members agreed to such a condition in writing.” In addition, the court denied Synthes’ motion to decertify the expense and deduction classes, which the court had previously certified in March 2014.
These rulings clear the stage for the plaintiffs to proceed to trial on their remaining claim that Synthes failed to reimburse them for expenses incurred in the course of their work. The trial date has not yet been set by the court.
For more information, review the court’s summary judgment order and class decertification order.