Wang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013)

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to the creative professional exemption to the FLSA or California law. The Ninth Circuit originally affirmed. However, after handing down its opinion in Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court vacated and remanded for reconsideration the Ninth Circuit’s decision. In this opinion, the Ninth Circuit reversed the district court’s certification of the class under Fed. R. Civ. P. 23(b)(2) on the ground that class certification for plaintiffs’ monetary claims could not stand in light of Wal-Mart. The Court also vacated the district court’s findings of commonality under Rule 23(a) and predominance under Rule 23(b)(3) and remanded for reconsideration.