News & Analysis as of

Putative Class Actions Wage and Hour

Certification Denied in the Latest Misclassification Overtime Class Action

by Bennett Jones LLP on

In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more

Take Two: Pay Equity Plaintiffs Attempt To Resurrect Class Action Against Google

by Fisher Phillips on

A group of former Google employees just filed an amended complaint in California federal court in an attempt to breathe new life into their equal pay class action lawsuit, which had been dismissed in December for failing to...more

N.Y. Decision May Hinder Early Class Action Settlements

by Ballard Spahr LLP on

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee’s Wage And Hour Claims

by Carlton Fields on

As a condition of plaintiff Ouadani’s employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate with Dynamex’s vendor, Birtha Shipping...more

Food & Beverage Litigation Update | October 2017 #2

by Shook, Hardy & Bacon L.L.P. on

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Uber Driver Compensation Claims Survive Summary Judgment in EDPA

On September 13, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s motion for partial summary judgment in Razak v. Uber Technologies. It is the first time a district court in the Third...more

Key California Employment Law Cases: July 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA

by Carlton Fields on

Plaintiffs, former insurance agents for defendants New York Life Insurance Company and its related companies, brought a putative class action seeking recovery for allegedly illegal wage deductions and violations of overtime...more

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

by Pierce Atwood LLP on

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

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

When Must Employers Provide a “Day of Rest” for California Employees?

by Low, Ball & Lynch on

Christopher Mendoza v. Nordstrom, Inc. - Supreme Court of California (May 8, 2017) - California Labor Code § 551 states: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in...more

Putative Class and Collective Action Under Enjoined U.S. DOL Overtime Rule Appears to Face Strong Argument for Dismissal

by Littler on

On June 7, 2107, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law. The plaintiff asserts the company...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

First Circuit Finds Class of Independent Truckers Excluded From Federal Arbitration Act

The Federal Arbitration Act has been in effect for nearly 100 years (92, to be precise). Nevertheless, the First Circuit found two issues of first impression to address this month. In Oliveira v. New Prime, Inc., 2017 WL...more

Third Circuit Holds Overtime Class Action Is Not Subject To Arbitration

by Carlton Fields on

The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to...more

California Supreme Court Clarifies California’s Day of Rest Statutes

by Stoel Rives LLP on

In Mendoza v. Nordstrom, the California Supreme Court answered three questions from the Ninth Circuit concerning California’s “day of rest” statutes. The Court’s decision clarifies a significant ambiguity for employers...more

Expect a Mess When Food and Class Actions Collide: Part 2

by Benesch on

Depositions are never picnics. But seldom are they wars. Read below, and brace yourself. The Chef’s Warehouse describes its business in delectable terms. It is, it says in an SEC filing, “a premier distributor of...more

Play Ball! California Federal Court Reconsiders Order Denying Minor League Baseball Players’ Motion For Class Certification

by Carlton Fields on

The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously...more

Are You Ready for Some Football? A Pocket Playbook for HR Managers Navigating Competitive Recruiting

by Jackson Lewis P.C. on

Just five days before Super Bowl LI, the intersecting crosshairs of antitrust and employment law class actions zeroed in on its latest target: the National Football League. On January 31, 2017, a former cheerleader for the...more

Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit

Last week, in McCaster et al. v. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and affirmed the district court’s denial...more

In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

by Benesch on

Sometimes, appellate decisions are written in a purely clinical voice. Other times, they’re infused with a dash of hot sauce....more

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

by Holland & Knight LLP on

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

California Appellate Court Permits Use of Statistical Sampling to Prove Class Certification

Statistical sampling has always been an effective and efficient way for plaintiffs to establish class action liability in California. After some hope that a 2011 decision by the Supreme Court of the United States might hamper...more

Employment Law - November 2016

California Employers Have Special Obligations on Election Day - Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to...more

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