Ninth Circuit Finds California Company Can’t Force Employees To Give Up Right To File Employee Class Action Claims

2017-12-13T21:46:28+00:00 October 22nd, 2016|Class Action|

In many employment contracts there lies an inconspicuous provision that many employees would never notice. It is known as an ‘arbitration agreement”. This clause states that by signing the agreement, the employee gives up his or her right to sue the employer in a class action lawsuit. Instead, the employee agrees to settle differences with [...]

Class Action Lawsuit Accuses California State Agency of Systemic Gender Discrimination

2017-12-13T21:46:29+00:00 August 22nd, 2016|Class Action, Discimination, General Labor Law|

A group of California women have filed a discrimination lawsuit against the entire California workers’ compensation system, alleging widespread and systemic discrimination in the way women are compensated for injuries that occur at work. The case, Page et al. v. Parisotto et al. alleges that the workers’ compensation system routinely attributes work-related injuries to the [...]

Can Employees Waive Their Right to Bring A Class Action Lawsuit?

2017-12-13T21:46:29+00:00 August 8th, 2016|Class Action, General Labor Law|

It is not uncommon for an employment contract to include various terms that dictate how disputes between an employer and an employee should be resolved. Many employment agreements contain arbitration clauses that force workers to settle most types of disputes outside of court in front of a neutral arbitrator. The contract may also dictate which [...]

Bank of America Latest to Settle Class Action Suit for Allegedly Misclassified Employees as Exempt

2017-12-13T21:46:34+00:00 March 2nd, 2016|Class Action|

We can now count Bank of America as the latest company in a string to reach major settlements in claims of allegedly misclassifying employees as exempt from wage and hour laws.  A federal magistrate judge recently approved a $2.25 million settlement against the financial giant. Federal and California law require that employees who are covered [...]

U.S. Supreme Court to Clarify Collective Action Certifications in Overtime Case

2017-12-13T21:46:36+00:00 November 2nd, 2015|Class Action, Wage and Hour|

Lawsuits alleging unlawful treatment of employees by their employers often involve groups of employees who have been subjected to the same practice. These are known as both class-actions and collective actions. In these cases, there are typically one or more class representatives who have filed the suits and who identify groups of people who have [...]

Top Four Employment Cases to Watch in the United States Supreme Court

2017-12-13T21:46:37+00:00 October 16th, 2015|Class Action, Discimination, General Labor Law, Wage and Hour|

There are four cases worth watching in the upcoming term of the United States Supreme Court that may affect aspects of the employer/employee relationship: Eligibility of wage and hour lawsuits for collective (class) action status; The timeline for filing a discrimination claim under Title VII of the Civil Rights Act; The ability of unions to [...]

$3 Million Settlement as Result of Failure to Reimburse Employees for Business Expenses

2017-12-13T21:46:40+00:00 June 24th, 2015|Class Action, General Labor Law, Wage and Hour|

In April 2015, medical device company Stryker Corp. and its subsidiary Howmedica Osteonics Corp. settled a class action labor lawsuit for $3 million. The plaintiffs in the suit, Tanner Trosper v. Stryker Corporation, alleged Stryker and Howmedica violated California labor codes and unfair competition laws by failing to reimburse sales associates for business expenses. The [...]

Employers are Increasingly Requiring Employees to Waive Right to Bring Class Action

2017-12-13T21:46:41+00:00 April 20th, 2015|Arbitration, Class Action, General Labor Law|

In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that companies may ban consumers from participating in class actions. While that case involved consumers, lower courts and businesses have extended the ruling to cover employees as well. Consequently, more companies are requiring employees to arbitrate serious complaints and adding provisions to [...]

Wal-Mart Loses $151 Million Employment Law Case

2017-12-13T21:46:42+00:00 January 6th, 2015|Class Action, General Labor Law, Wage and Hour|

The Pennsylvania Supreme Court affirmed a $151 million jury award against Wal-Mart Stores Inc. The case involved allegation of wage theft against the retail giant. Wage theft refers to the practice of employers illegally withholding wages or denying benefits that are rightfully owed to an employee. On appeal, Wal-Mart argued that the court should have required [...]

LinkedIn Will Pay Millions in Overtime Back Wages

2017-12-13T21:46:44+00:00 August 26th, 2014|Class Action, General Labor Law, Wage and Hour|

The U.S. Department of Labor has announced that LinkedIn Corp. has agreed to pay $3.3 million in overtime back wages and $2.5 million in liquidated damages to 359 workers in California, Illinois, Nebraska and New York. All over the country, employers are working “off the clock,” without pay or overtime. This practice harms workers, denies [...]

Working Off The Clock Brings Two Insurance Adjuster Cases to Appeal

2016-08-09T22:29:00+00:00 April 29th, 2014|Class Action, General Labor Law, Wage and Hour|

Employees can be in a tough spot when they have to get their jobs done, but aren’t supposed to have overtime. Two recent Court of Appeals decisions involving insurance adjusters who alleged they worked “off-the-clock” illustrate that point. In Williams v. Superior Court, whether or not class should be certified has been decided three separate [...]

“Mini-trials” Argument Suffers A Loss

2017-03-02T23:56:44+00:00 April 27th, 2014|Class Action|

In class action cases, the class certification motion is extremely important. It means the court thinks that Plaintiff can address the claims of many people, with just one lawsuit. In cases where the amounts of damages are comparatively small, it can mean the difference between being able to get a lawyer, and not being able [...]

Denial of Class Certification Overturned after Brinker

2017-03-02T23:50:27+00:00 January 24th, 2014|Class Action|

Plaintiffs’ Josie Faulkinbury and William Levene appealed an order denying certification of a class of about 4,000 security guards they alleged were denied meal breaks and off-duty rest breaks, weren’t paid all reimbursements and weren’t paid the proper overtime rate due to failure to include non-discretionary bonus pay.  An earlier opinion affirmed class certification denial [...]

Insufficient Evidence to Support Trial Court Ruling Against Class Certification

2016-08-09T23:03:24+00:00 January 15th, 2014|Class Action|

A trial court’s denial of a Motion for Class Certification was reversed this month in case brought against Safeway, Inc. Plaintiff alleged Defendant failed to provide adequate paid rest periods, meal periods and wage statements. Ruling that insufficient evidence existed to support the trial court’s ruling that individualized issues predominated, the Third Appellate District ordered [...]

Class Action Trial Overturned

2017-03-04T15:43:09+00:00 September 28th, 2013|Class Action|

Defendant defeated class certification by arguing that a plan to try an action as a class deprived the defense of due process rights, because trying the case as a class denied Defendant from defending individual claims. Duran v. U.S. Bank National Assn.

Plaintiffs Win Hard Fought Certification Post Brinker

2017-03-02T21:51:19+00:00 April 16th, 2013|Class Action|

Plaintiffs filed a wage and hour class action against Networkers International LLC, alleging violations of wage and hour laws including overtime pay, meal and rest breaks. Plaintiffs’ motion to certify was denied on the holding that Plaintiffs failed to show common factual and legal questions predominated over individual issues. On appeal, the court determined the [...]

Class Certification Against Sears Denied

2017-03-02T21:50:02+00:00 March 28th, 2013|Class Action|

Plaintiff William Dailey sued on behalf of a class of managers and assistant managers of Sears auto centers, alleging that they violated California’s wage and hour laws. Dailey attempted to certify the class, alleging uniform policy and practice resulted in their treatment with regard to meal and rest breaks and overtime. The trial court granted [...]

Denial of Class Certification Upheld

2017-03-02T21:49:11+00:00 February 13th, 2013|Class Action|

The trial court initially certified classes regarding meal period, waiting time penalty and check stub claims made by a class of employees. But after the Court of Appeal decisions in Brinker v. Superior Court (4/12/12) 53 Cal.4th and Brinkley v. Public Storage, Inc. (2008) 167 Cal.App.4th 1278, the trial court granted the Defendant’s motion for reconsideration and denied [...]