Category Archives: Class Actions

California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital

Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Class Actions, Employee Policies & Procedures, Healthcare, Meal and Rest Breaks, Overtime, Wage and Hour | Leave a comment

9th Circuit: Employers Can’t Force Arbitration of an Employee’s Representative PAGA Claims

In an important and highly anticipated decision for California employers, the United States Court of Appeals for the Ninth Circuit sided with the California Supreme Court in upholding the 2014 Iskanian rule (Iskanian v. CLS Transp. Los Angeles, LLC, 59 … Continue reading

Posted in California, California Labor Code, California Private Attorneys General Act of 2004 (PAGA), California Supreme Court, Class Actions, Ninth Circuit Court of Appeals | Leave a comment

Munoz Decision Grants California Employers Greater Clarity When Class Action Certification is Denied in Employee Lawsuits

It is well established under California law that an order denying class certification, leaving only the named plaintiff’s individual claims, is an appealable order under the “death knell” doctrine.

Posted in California, Class Actions, PAGA | Leave a comment

California Employee Class Action on Wages and Breaks Confirms Narrow Threshold for Federal Jurisdiction

On February 18, 2005, Congress enacted the Class Action Fairness Act of 2005 (“CAFA”), which significantly expanded federal diversity jurisdiction over many class actions. See 28 U.S.C. § 1332(d).

Posted in CAFA, California, Class Actions, PAGA | Leave a comment

Online Application Systems Open a New Front in FCRA Class Actions

Any company that requires job applicants to complete an application and submit to a background investigation as part of the employment process should be familiar with the Fair Credit Reporting Act (“FCRA”).

Posted in Class Actions, Fair Credit Reporting Act, FCRA, Hiring | Tagged | Leave a comment

California Appellate Court Permits On-Call Rest Breaks [UPDATED]

[Update: On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Security Services, Inc. The grant of review makes the appellate court’s opinion not citable.]  In Augustus v. ABM Security Services, Inc., a California Court of Appeal … Continue reading

Posted in California, Class Actions, Wage and Hour | Tagged , , , , , , , , | Leave a comment

Class Action Highlights FCRA Compliance Issues

The Eastern District of Virginia recently certified two related classes in a case involving alleged violations of the Fair Credit Reporting Act (“FCRA”).  The claims were raised by former applicants alleging that the defendant company violated both the notice and … Continue reading

Posted in Class Actions, Virginia | Tagged , , , | Leave a comment

Suitable Seating Class Action Claims In California

Since 2009, California courts have been dealing with a wave of lawsuits directed at larger employers for not providing seats to clerks, tellers, and cashiers.  This week, in Garvey v. Kmart, the first trial in a suitable seating class action … Continue reading

Posted in Class Actions | Leave a comment

Two Recent California Decisions Applying Brinker Affirm Denial of Class Certification For Meal And Rest Breaks

In Flores v. Lamps Plus, Inc. and Hernandez v. Chipotle Mexican Grill, Inc., the California Court of Appeal Second District, Division Eight, initially affirmed the denial of class certification of meal and rest breaks claims while awaiting the California Supreme … Continue reading

Posted in Class Actions | Leave a comment

Supreme Court’s Wal-Mart Class Action Decision

This past Monday, the Supreme Court handed down its opinion on the much-anticipated Wal-Mart v. Dukes case.  In a 5-4 decision, the Court held that the plaintiffs could not bring a class action suit against Wal-Mart because their collective claims … Continue reading

Posted in Class Actions | Leave a comment

9th Circuit Upholds Certification of Wal-Mart Class Action

In a recent 6-5 decision, the en banc U.S. Court of Appeals for the Ninth Circuit upheld a district court’s certification of a class action against Wal-Mart that could potentially include 1.5 million class members.  The plaintiffs, a group of six … Continue reading

Posted in Class Actions | Tagged , | Leave a comment

$300 Million Discrimination Lawsuit Filed Against U.S. Marshall Service

According to the BLT, a $300 million race discrimination class action lawsuit has been filed against the U.S. Marshall Service in Washington, D.C.  The BLT post is here, which has a link to a copy of the complaint.  The case … Continue reading

Posted in Class Actions | Tagged , | Leave a comment

Court Affirms Nationwide Class Against Wal-Mart

The Class Action Defense Blog has a post today here on the Dukes v. Wal-Mart gender discrimination class action.  The U.S. Court of Appeals for the Ninth Circuit issued a revised opinion on December 11, 2007, again affirming that the … Continue reading

Posted in Class Actions | Tagged | Leave a comment

Staples Announces $38 Million Class Action Settlement

Staples, Inc. announced a $38 million settlement of a wage and hour class action in California involving 1,700 assistant managers who were allegedly misclassified as exempt from overtime pay.  The company had previously estimated the potential liability in the case … Continue reading

Posted in Class Actions, FLSA/Overtime | Tagged , | Leave a comment

FedEx Class Action Certified

On October 15, 2007, the U.S. District Court for the Northern District of Indiana certified a class of pickup and delivery drivers as to claims that the plaintiffs were misclassified as “independent contractors” under the Kansas Wage Payment Act and … Continue reading

Posted in Class Actions, ERISA, Independent Contractors | Tagged , , , | 2 Comments