Michael Newman

Michael Newman

Hinshaw & Culbertson LLP

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Certification of Meal Break Employment Class Affirmed By Ninth Circuit

In Abdullah v. U.S. Security Associates Inc., the Ninth Circuit held that the district court did not abuse its discretion by certifying a meal break subclass, defined as all past and present employees who (a) worked more than...more

10/1/2013 - Abuse of Discretion Class Action Class Certification Rest and Meal Break Wages

Class Certification Rules Clarified: Harder for Plaintiffs to Certify Classes

On September 3, 2013, in Wang v. Chinese Daily News, Inc., the Ninth Circuit clarified the restrictions on class certification imposed by Wal-Mart Stores, Inc. v. Dukes. The net effect of this ruling is to make it harder for...more

9/10/2013 - Class Action Class Certification Dukes v Wal-Mart FLSA Rule 23

Strippers’ Suit Alleges They Are Employees, Not Independent Contractors

In a purported class action, Jessica Mason et al. v. Fantasy LLC et al., five adult dancers have sued the Fantasy Gentlemen’s Club in Colorado federal court for misclassifying them as independent contractors, alleging they...more

9/4/2013 - Class Action Employee Benefits Full-Time Employees Independent Contractors Unpaid Overtime Wage and Hour

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Expert Testimony Rule 23 SCOTUS

Denial Of Class Certification As To Alleged Wage And Hour Violations Affirmed by Court of Appeal

In Daily v. Sears, the Fourth Appellate District, Division One, affirmed the trial court's granting of the defendant's motion to preclude class certification....more

3/26/2013 - Class Action Class Certification Wage and Hour

Crowdsourced Workers: Are They Employees or Independent Contractors?

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more

3/19/2013 - Class Action Crowdsourcing FLSA Independent Contractors Misclassification

You’re Out of Luck, Appellate Court Tells Casino Card Dealers

Avidor v. Sutter’s Place, Inc., decided January 23, 2013, California Court of Appeal, Sixth Appellate District, involved a class action brought on behalf of card dealers employed by Sutter’s Place, a casino....more

2/5/2013 - Card Dealers Casinos Class Action Gambling Tips Wage Deductions Wages

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