News & Analysis as of

CA Supreme Court Class Certification

Conn Maciel Carey LLP

California Supreme Court Resolves Split Among Courts of Appeal, Finding Trial Courts Do Not Have the “Inherent Authority” to...

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On January 18, 2024, the California Supreme Court made a significant ruling in the case of Estrada v. Royalty Carpet Mills, Inc., finding that the trial court lacked the inherent authority to dismiss a California’s Private...more

Cozen O'Connor

The Latest McHugh Battleground: Class Certification

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We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the...more

Manatt, Phelps & Phillips, LLP

Meal, Rest Break Violations Trigger Additional Penalties in California

Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court. ...more

Cozen O'Connor

What’s Happening in California After McHugh?

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On August 30, 2021, the California Supreme Court held in McHugh v. Protective Life Insurance Company, 12 Cal. 5th 213, 243, 494 P.3d 24, 43 (2021), that California Insurance Code sections 10113.71 and 10113.72 — ...more

King & Spalding

Northern District of California Denies Class Certification in False Advertising Case Against Google, Concluding that Named...

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On January 10, 2022, Judge Beth Labson Freeman of the United States District Court for the Northern District of California denied Plaintiff’s motion for class certification in a case stemming from allegations that Google...more

McDermott Will & Emery

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

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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

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

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Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Sheppard Mullin Richter & Hampton LLP

Manageability – a New Weapon to Stave Off Unmanageable PAGA Claims

On September 9, 2021, California’s Court of Appeal issued an important decision in Wesson v. Staples The Office Superstore, LLC (“Wesson”), holding that trial courts have discretion to strike claims brought under the Private...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

Foley & Lardner LLP

California’s Ascertainability Requirement Following Noel v. Thrifty Payless, Inc.

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On May 29, 2020, the Fifth Appellate District of the California Court of Appeal issued an unpublished opinion discussing the state court ascertainability requirement for class certification in Manmohan Dhillon v....more

Seyfarth Shaw LLP

California Court Of Appeal Denies Oracle’s Petition For A Writ Of Mandate Or A Writ Of Prohibition To Reverse Class Certification...

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Seyfarth Synopsis: On April 30, 2020, the California Superior Court granted class certification against Oracle America Inc., allowing former employees to represent a class of over 4,100 women for claims of alleged...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Revises Ascertainability Prerequisite to Class Certification

• In Noel v. Thrifty Payless, Inc., the California Supreme Court clarified the scope of the ascertainability prerequisite to class certification. The Court held that proposed classes are ascertainable if defined by objective...more

Ballard Spahr LLP

California Supreme Court Poised to Provide Guidance on Ascertainability in Class Actions

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On May 8, 2019, the California Supreme Court will hear oral argument regarding an important issue involving class certification in California state courts: how to apply the requirement of ascertainability in the class...more

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Locke Lord LLP

August 2018 Independent Contractor Misclassification And Compliance News Update

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August 2018 was a busy month in the area of independent contractor misclassification and compliance including a number of new court filings and decisions, new regulatory initiatives, and new legislation. While none of these...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fenwick & West LLP

California Supreme Court Dramatically Reshapes California Worker Classification Laws

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The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more

Holland & Knight LLP

California Supreme Court Upends Independent Contractor Test for Wage Claims

Holland & Knight LLP on

• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more

Sheppard Mullin Richter & Hampton LLP

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

Seyfarth Shaw LLP

High Court Applies “ABC” Test When Assessing Independent Contractor Status

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Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, held that “engage, suffer or permit to work” determines employee status for Wage Order claims...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

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

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show...

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys...more

McGuireWoods LLP

Calif. High Court OKs Discovery of Employee Contact Info Based on Filing of PAGA Suit

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On July 13, 2017, the California Supreme Court handed down a decision in a long-running dispute in wage and hour litigation regarding whether employers must disclose employees’ names and contact information. In its first...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Payne & Fears

Key California Employment Law Cases: May 2017

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May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more

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