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Appeals court removes class action status in Bojangles employee overtime lawsuit

A federal district court in Charlotte approved class action status for shift managers in North Carolina and South Carolina. That provision has now been removed.

CHARLOTTE, N.C. — A federal appeals court on Tuesday decertified class action status for a labor lawsuit against Bojangles filed by store managers in North Carolina and South Carolina who claim they were denied overtime pay.

The Fourth Circuit Court of Appeals ruled that the current evidence doesn't support class certification in the case against the Charlotte-based fast-food chain. The decision sends the case back to the district court to determine if it meets the proper requirements for class action status.

The lawsuit originated in 2020 when a shift manager sued Bojangles, claiming the company made him work off his shift and altered his time card to reduce his hours — actions that violated both company policy and federal labor law. After the case gained class action certification in November 2020 in the two states, hundreds of similar claims emerged from other managers.

In its ruling, the appeals court found that the parameters for the North Carolina and South Carolina classes were "too broad and ill-defined to reach the thresholds of class certification." The classification had included any shift manager who worked for Bojangles during a three-year period, with few other requirements.

While expressing sympathy for workers allegedly harmed by the company's actions, the court emphasized that class action certification must be properly applied. The district court had previously granted class status to plaintiffs in the Carolinas while denying it for Bojangles employees in other states.

"Our goal today is simply to ensure that the class-action train stays on the tracks," the court wrote in its opinion, adding that it would be "premature for an appellate court to pass judgment" on whether the case ultimately qualifies for class action status.

The case now returns to the district court for further proceedings.

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