Wage and Hour, Class Certification, Employment Policies

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

Nelson Mullins Riley & Scarborough LLP on 1/17/2025

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Seyfarth Shaw LLP on 12/23/2024

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Wage and Hour Issues Abound in 2024

White and Williams LLP on 10/2/2024

In this episode of The Employment Law Counselor Hosted by Jeff Stewart, in collaboration with Professional Liability Underwriting Society, Jeff is joined by Victoria Fuller, Partner and Co-Chair of the Labor and Employment...more

Class Certification Still Defeated Although Common Evidence of Non-Compliance

CDF Labor Law LLP on 5/3/2021

California employers may take solace in a recent unpublished decision upholding denial of class certification. In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to...more

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

Akin Gump Strauss Hauer & Feld LLP on 3/9/2021

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

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Proskauer - California Employment Law on 8/12/2020

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/23/2020

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

California Court of Appeal Concludes Practice Is More Important Than Policy for Class Certification

BakerHostetler on 12/31/2019

A California Court of Appeal issued a Christmas Eve ruling setting out the significance of a written employment policy for class certification purposes. ...more

Class Claims Deserve More Rigorous Treatment, Third Circuit Holds

Seyfarth Shaw LLP on 1/9/2019

Seyfarth Synopsis: In a recent decision, the Third Circuit Court of Appeals rebuked a Pennsylvania district court’s skeletal analysis of plaintiffs’ class action claims. Particularly, the court took issue with the district...more

To Successfully Oppose Class Certification, You Have To Do The CSI

Jackson Lewis P.C. on 10/24/2018

Six years after the California Supreme Court’s landmark decision in Brinker v. Superior Court (2012) 53 Cal. 4th 1004, virtually every California employer understands the rules concerning an employer’s obligations regarding...more

Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate...

Seyfarth Shaw LLP on 7/14/2017

Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS...more

Fenwick Employment Brief - June 2014

Fenwick & West LLP on 6/18/2014

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

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