Oplchenski v. Parfums Givenchy, Inc.

254 F.R.D. 489 (2008)

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Oplchenski v. Parfums Givenchy, Inc.

United States District Court for the Northern District of Illinois
254 F.R.D. 489 (2008)

Facts

Parfums Givenchy, Inc. (Givenchy), Guerlain, and other companies (companies) (defendants) were named as defendants in a putative class action alleging that the companies had misclassified their fragrance models—known as rotators—as independent contractors rather than as employees. The complaint alleged that, despite maintaining a high degree of control over the rotators’ pay and working conditions, the companies systematically classified them as independent contractors, depriving them of health insurance and other employment benefits. A database produced by the companies contained identifying information for more than 39,000 individuals who had been classified as independent contractors and thus were potential class members. Luba Oplchenski and Aida Norey (plaintiffs) had worked as rotators and sought certification as named class representatives. In opposition to certification, the companies argued, among other things, that if the rotators had been misclassified, the benefits of which they were deprived varied by individual. Therefore, argued the companies, liability turned on individual questions including workers’ eligibility for various plans rather than on the common issue of the companies’ control of the rotators’ work.

Rule of Law

Issue

Holding and Reasoning (Darrah, J.)

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