News & Analysis as of

Class Certification Timekeeping

Jackson Lewis P.C.

California Court of Appeal Reiterates Support of Rounding of Employee Time, Affirms Denial of Class Certification

Jackson Lewis P.C. on

The California Court of Appeal, in Cirrincion v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this...more

BakerHostetler

California Court Affirms Value of Employee Time Punches in Defeating Class Certification

BakerHostetler on

In a sweet ruling for employers, a California court of appeal affirmed a trial court’s denial of class certification of a meal break claim due to employee timekeeping records. This decision, Salazar v. See’s Candy Shops Inc.,...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

BakerHostetler

Court Decertifies Class Challenging Timekeeping Practices

BakerHostetler on

Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one will likely ever make a popular song out of Rule 23, the phrase applies just...more

Moore & Van Allen PLLC

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Moore & Van Allen PLLC on

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Foley & Lardner LLP

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

Foley & Lardner LLP on

As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more

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