News & Analysis as of

Class Certification Wage Statements

McDermott Will & Emery

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

McDermott Will & Emery on

California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal...more

BakerHostetler

California District Court Denies Certification of Off-the-Clock Case

BakerHostetler on

We’ve commented in the past that off-the-clock cases can make poor candidates for class certification, particularly when the employer’s policies require that employees perform work only while clocked in. ...more

Jackson Lewis P.C.

No California Waiting-Time, Inaccurate Wage Statement Penalties Based On Unpaid Meal Period Premiums, Court Rules

Jackson Lewis P.C. on

Do meal period premiums trigger derivative liability for waiting-time penalties and inaccurate wage statements? The California Court of Appeal has ruled in the negative on the oft-asked question. Naranjo et al. v. Spectrum...more

Jackson Lewis P.C.

Settling Plaintiff May Still Have Standing And Adequacy To Pursue Class Action And PAGA Claims

Jackson Lewis P.C. on

A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact...more

Jackson Lewis P.C.

Federal Judge Finds J.B. Hunt Compensation System Too Varied To Sustain Class Certification

Jackson Lewis P.C. on

J.B. Hunt Transport Inc., one of the largest transportation logistics companies in North America, recently prevailed on a motion to decertify a class of around 11,000 current and former truck drivers, just six weeks before...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Fisher Phillips

A Step-By-Step Guide To Defeating Class Certification In California

Fisher Phillips on

As any experienced class action litigator knows, the main issue driving the direction of a case is not always the merits of the claims themselves. Instead, the central question is often whether the claims can be certified as...more

Carlton Fields

Electronic Wage Statements — The Next Trap For Employers?

Carlton Fields on

An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more

Seyfarth Shaw LLP

National Airline Flies Past California Peculiarities

Seyfarth Shaw LLP on

Seyfarth Synopsis: A California federal judge has held that an out-of-state employee’s limited presence in California is not enough on its own to require the employer to comply with California wage and hour laws. Oman v....more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Seyfarth Shaw LLP

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

Seyfarth Shaw LLP on

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

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