News & Analysis as of

Wage and Hour Class Action Fairness Act

Proskauer Rose LLP

California Employment Law Notes - May 2022

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Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Proskauer - California Employment Law

California Employment Law Notes - January 2021

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment

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Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

BakerHostetler

Ninth Circuit Again Complicates CAFA Removal Standards

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Congress enacted the Class Action Fairness Act to address perceived problems with the handling of class actions by courts. Among its provisions was one permitting removal of more class action claims to federal court. ...more

Kilpatrick

CAFA: in opinion potentially at odds with two recent pro-removal decisions, Ninth Circuit rules that putative class action must be...

Kilpatrick on

Takeaway: In a prior article – Ninth Circuit: two pro-defendant decisions clarify burdens regarding CAFA’s $5 million jurisdictional threshold (September 14, 2020) – we examined two recent Ninth Circuit cases where the...more

Proskauer - California Employment Law

Class Action Was Improperly Removed To Federal Court Under CAFA

Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) - Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the...more

FordHarrison

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely...

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On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc....more

Carlton Fields

A Dart Across the Bow

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The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

King & Spalding

Ninth Circuit Sua Sponte Reverses Remand Of Wage And Hour Class Action, Ruling That District Courts Must Give Defendants A Chance...

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On September 3, the Ninth Circuit reversed a district court’s remand of a putative class action, holding that when a notice of removal plausibly alleges a basis for federal court jurisdiction, the district court must provide...more

BakerHostetler

The Ninth Circuit Bows to Supreme Court Authority Affirms Three Principles Supporting Removal of CAFA Removal Cases

BakerHostetler on

The Class Action Fairness Act of 2005 (“CAFA”) grants federal courts jurisdiction to preside over certain class action cases where, based on the claims alleged, the amount in controversy is more than $5 million, among other...more

Proskauer - California Employment Law

California Employment Law Notes - September 2019

California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes - OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) - In the most recent chapter of the ongoing saga regarding the enforceability of...more

Carlton Fields

Don’t Count Your Chickens – Or State Citizens For CAFA Exceptions – Before They Hatch

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The Ninth Circuit vacated a remand order implicating the local and home-state controversy exceptions to CAFA jurisdiction in a putative class action by former California resident employees of Kentucky Fried Chicken (KFC) for...more

Jackson Lewis P.C.

CAFA Amount In Controversy Is Not Limited To Damages Incurred Prior To Removal And Includes Future Attorneys’ Fees Recoverable By...

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In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. 18, 2018), the Ninth Circuit clarified, in a unanimous published decision, that, where a party may recover its attorney’s fees by statute or contract, the...more

Kilpatrick

Ninth Circuit: proving up CAFA’s “home state” controversy exception – evidence is required and jurisdictional discovery will...

Kilpatrick on

Takeaway: Class action complaints often seek the certification of “statewide” classes that would seem to include only residents of the target state. But when it comes to establishing an exception to diversity jurisdiction...more

Pierce Atwood LLP

Romulus v. CVS Pharmacy, Inc.: Meal Periods, Ascertainability, and the Importance of Removal

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In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically,...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

Carlton Fields

Court Holds Notice of Removal Filed 128 Days After Service of Complaint Was Timely Under CAFA

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The U.S. District Court for the District of New Jersey denied plaintiffs’ motion to remand, holding that defendants’ notice of removal, filed 128 days after service of the complaint, was timely because neither the complaint...more

Alston & Bird

Class Action Round-Up: Summer 2015

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The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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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

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Orrick - Employment Law and Litigation

Not All Class Actions Are Created Equal Under CAFA, Says the Ninth Circuit

The Ninth Circuit recently delivered a setback to defendants seeking to remove cases to federal court under the Class Action Fairness Act (“CAFA”) when it interpreted the statute narrowly to exclude consideration of non-class...more

Cozen O'Connor

CAFA Removal: A Second Bite at the Apple?

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Until a couple of years ago, plaintiffs’ attorneys seeking to keep their class actions in state court would frequently stipulate that they would not seek damages in excess of the $5 million CAFA threshold. This practice fell...more

Carlton Fields

Ninth Circuit Holds That State Court’s Class Certification Order Creates New Occasion for CAFA Removal

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The Ninth Circuit held that a state court’s certification order, under which CAFA’s amount in controversy would be met, created a new basis for defendant to remove the case to federal court. The plaintiff had filed a putative...more

Proskauer Rose LLP

California Employment Law Notes - March 2015

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Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated - Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015). Avery Richey worked for Power Toyota Cerritos,...more

Carlton Fields

Ninth Circuit Issues Companion Cases Addressing Evidence Required To Show That The Amount In Controversy Requirement Has Been Met...

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Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold...more

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