About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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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
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
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.
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).
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”).
[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
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
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
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
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
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
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
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
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