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California Supreme Court Limits Application of Commissioned Employee Exemption

On July 14, 2014, the California Supreme Court held in Peabody v. Time Warner Cable, Inc. that employees qualify for the California “commissioned employee” exemption in a pay period only if they receive “earnings [that]...more

7/18/2014 - Exempt-Employees Minimum Wage Time Warner Wage and Hour

Cal. Supreme Court Clarifies Standards for Class Certification of Independent Contract Class Actions

On Monday, the California Supreme Court issued yet another decision on class certification; this time in an action challenging the independent contractor (“IC”) classification of a proposed class of Antelope Valley News...more

7/7/2014 - Class Action Class Certification Independent Contractors

Hall v. Rite Aid and the Return of the Underpants Gnomes

The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification. ...more

5/29/2014 - Class Action Class Certification Employer Liability Issues Rite Aid

New Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims

On May 20, 2014, the First District Court of Appeal in Jong v. Kaiser Foundation Hospitals, issued a decision affirming the summary judgment granted as to one of the individual class representatives in a putative class action...more

5/22/2014 - Employee Rights Over-Time Summary Judgment Unpaid Overtime Wage and Hour

New Decision Examines the Scope of Constructive Discharge

On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public...more

1/13/2014 - Amended Complaints Constructive Discharge Demurrers Employer Liability Issues Mileage Reimbursement Reimbursements Termination

Sonic Calabasas Is A Tactical Retreat From Supreme Court FAA Precedent

On October 17, 2013, in Sonic-Calabasas A, Inc. v. Moreno, the California Supreme Court issued a 73-page decision (excluding concurrence and dissent) that attempted to construe the U.S. Supreme Court’s recent Federal...more

10/22/2013 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Federal Arbitration Act SCOTUS

Ninth Circuit Falls In Line With Supreme Court Ruling on Class Action Removals

In Rodriguez v. AT&T Mobility, LLC, the Ninth Circuit continues a string of recent decisions cracking down on district courts’ tendency to remand class actions on the purported basis that the defendant failed to meet the...more

8/30/2013 - AT&T Mobility Burden of Proof CAFA Class Action Remand Removal Standard Fire Ins. Co. v. Knowles Subject Matter Jurisdiction

Court of Appeal Affirms Summary Judgment in Favor of Farmers Insurance on Independent Contract Issue

On July 11, 2013, the Second Appellate District in Beaumont-Jacques v. Farmers Group Inc. concluded as a matter of law that a worker’s ability to exercise meaningful discretion in her job-related efforts rendered her an...more

7/15/2013 - Contractors Delegation of Discretion Independent Contractors Summary Judgment

Supreme Court Continues To Expand FAA Preemption

Do you hear that? . . . . It is the wailing and moaning of plaintiff’s attorneys across the country. On June 20, 2013, in a 5-3 decision (Sotomayor recused herself), the United States Supreme Court issued a...more

6/24/2013 - American Express Class Action Class Action Arbitration Waivers Federal Arbitration Act Forum Selection Clause Preemption Rule 23 SCOTUS Wage and Hour

Ninth Circuit Rules that Comcast Does Not Kill Wage and Hour Class Actions

On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case. The decision represents the first interpretation from the Ninth Circuit of the...more

5/30/2013 - Class Action Class Certification Comcast v. Behrend Damages Rule 23 SCOTUS Wage and Hour

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...more

5/14/2013 - Brinker Class Action Class Certification Over-Time Rest and Meal Break

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

4/3/2013 - Brinker Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart RBS Rule 23 SCOTUS Wage and Hour Wal-Mart Wang v Chinese Daily News Whirlpool

Supreme Court Ruling Reverses Bad 9th Circuit Precedent on CAFA

On March 19, 2013, the U.S. Supreme Court handed down Standard Fire Insurance v. Knowles, a short, narrow, and unanimous opinion addressing removal of class actions to federal court under the Class Action Fairness Act...more

3/21/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action

On March 4, 2013 the Ninth Circuit issued a second opinion in the action, Wang v. Chinese Daily News (Wang II), in which it reversed the class certification it had previously affirmed and remanded the matter for further...more

3/7/2013 - Class Action Class Certification Dukes v Wal-Mart SCOTUS Wage and Hour Wang v Chinese Daily News

New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification

On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard...more

2/6/2013 - Class Action Class Certification Decertify Over-Time Trial Plan

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...more

2/4/2013 - Class Action Class Certification Commonality Exempt-Employees Misclassification PAGA PetSmart Rest and Meal Break Unpaid Overtime Wal-Mart

Cal Court of Appeal Hands Sheppard Mullin a Victory - Affirms Denial of Class Certification in an Expense Reimbursement/Uniform...

On November 7, 2012, the First District Court of Appeal published an order affirming the denial of class certification entered in favor of Sheppard Mullin’s client, Wet Seal, Inc, in a case alleging that Wet Seal forced its...more

11/12/2012

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