News & Analysis as of

Class Action Class Certification Employment Policies

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
BakerHostetler

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

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Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense...more

CDF Labor Law LLP

Class Certification Still Defeated Although Common Evidence of Non-Compliance

CDF Labor Law LLP on

California employers may take solace in a recent unpublished decision upholding denial of class certification.  In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

Seyfarth Shaw LLP

Class Certification Denied In Bus Company Discrimination Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), still lords over employment discrimination class actions nearly a decade later. Indeed, Nelson, et al. v. Pace...more

Payne & Fears

Key California Employment Law Cases: August 2020

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Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more

Proskauer - California Employment Law

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

BakerHostetler

California Court of Appeal Concludes Practice Is More Important Than Policy for Class Certification

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A California Court of Appeal issued a Christmas Eve ruling setting out the significance of a written employment policy for class certification purposes. ...more

Seyfarth Shaw LLP

Class Claims Deserve More Rigorous Treatment, Third Circuit Holds

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Seyfarth Synopsis: In a recent decision, the Third Circuit Court of Appeals rebuked a Pennsylvania district court’s skeletal analysis of plaintiffs’ class action claims. Particularly, the court took issue with the district...more

Jackson Lewis P.C.

To Successfully Oppose Class Certification, You Have To Do The CSI

Jackson Lewis P.C. on

Six years after the California Supreme Court’s landmark decision in Brinker v. Superior Court (2012) 53 Cal. 4th 1004, virtually every California employer understands the rules concerning an employer’s obligations regarding...more

Seyfarth Shaw LLP

Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate...

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Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS...more

Carlton Fields

Laid-Off Chicago Teachers Clear Class Certification Hurdles

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In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

Fenwick & West LLP

Fenwick Employment Brief - June 2014

Fenwick & West LLP on

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

Proskauer - California Employment Law

California Courts May No Longer Be Able to Certify a Ham Sandwich

Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes,...more

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