Rest and Meal Break, Class Action

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

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

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

California Wage/Hour Update - No. 2, April 2013: Managerial Exemption And Class Actions

by Colin Calvert | Fisher & Phillips LLP on 4/8/2013

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill...more

A Tale of Three Cases: California's Split Over Concepcion Continues

by Kirk Jenkins | Sedgwick LLP on 4/5/2013

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

by Jeffrey Vlasek | BakerHostetler on 3/21/2013

On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States. Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate. With...more

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

by Andrea Brown, Rachel Muoio, Rob Shwarts | Orrick - Global Employment Law Group on 3/21/2013

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

Second Circuit Decision

by Joshua Alloy | Proskauer - Class & Collective Actions on 3/12/2013

In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

by Mark Batten | Proskauer - Class & Collective Actions on 3/6/2013

We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

by Rodger Eckelberry | Foley & Lardner LLP on 2/19/2013

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

by Greg Mersol | BakerHostetler on 2/12/2013

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

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

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

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

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

by Dawn Kennedy, Greg Mersol | BakerHostetler on 1/31/2013

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

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Rest and Meal Break › Class Action

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

California Wage/Hour Update - No. 2, April 2013: Managerial Exemption And Class Actions

A Tale of Three Cases: California's Split Over Concepcion Continues

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

Second Circuit Decision

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

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

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

California Employment Law Notes - January 2013

California’s Wage Orders: Landmines and Goldmines

Top Ten Wage and Hour Developments in 2012 for Pennsylvania Employers

Federal Preemption of Meal and Rest Breaks is Gaining Steam

Did You Know…Class Action For Meal And Rest Break Violations Defeated – Legally Compliant Policies Are Key

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