News & Analysis as of

Wage and Hour › Class Representatives

Constangy, Brooks, Smith & Prophete, LLP

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to...

Constangy, Brooks, Smith & Prophete, LLP on

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted...more

Fox Rothschild LLP

Attacking The Lead/Named Plaintiff As An Inappropriate Class Representative: Another Arrow In The Employer’s Quiver

Fox Rothschild LLP on

One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful, but defense counsel should always be looking...more

Proskauer - California Employment Law

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

Proskauer - California Employment Law on

Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) - Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more

Epstein Becker & Green

Class Action Mooted When Class Representative Settles, Ninth Circuit Rules

Epstein Becker & Green on

On June 3, 2020, the Ninth Circuit dismissed a wage and hour class action on the grounds that once the class representative plaintiff settled his individual claims and no longer had any financial stake in the litigation’s...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

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

With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code...more

Fisher Phillips

7-Year Equal Pay Class and Collective Action in NJ Could Settle for $6.2 Million

Fisher Phillips on

More than seven years ago, female sales representatives who worked for Merck filed a class and collective action alleging discrimination in pay on the basis of their gender in violation of the Equal Pay Act (EPA) and Title...more

Payne & Fears

Is the "Gig" Up? The On-Demand Economy in 2018

Payne & Fears on

On February 8, 2018, Magistrate Judge Jacqueline Scott Corley found that couriers for the tech/food delivery service company GrubHub, Inc. (“GrubHub”) were properly classified as independent contractors. Judge Corley made...more

BCLP

Uber Settlement Under Fire, As Named Plaintiff, Others Object

BCLP on

In a development one does not see everyday, named Plaintiff Douglas O’Connor has submitted a declaration blasting the settlement reached in the litigation bearing his name: O’Connor et al. v. Uber Technologies, Case No....more

Akerman LLP - HR Defense

Representative Evidence May Or May Not Be Sufficient

Akerman LLP - HR Defense on

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

BakerHostetler

Statistics in Wage and Hour Class Actions: Has Anything Really Changed?

BakerHostetler on

Statistics are kind of a holy grail of class action litigation. Everyone seems to know that they exist, but their understanding is shadowy and the quest to find valid statistical models often proves elusive. Last month’s...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Supreme Court Upholds Use of Representative Statistical Evidence to Establish Class-wide Liability in Tyson Foods Overtime...

Pillsbury Winthrop Shaw Pittman LLP on

In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on...more

Pierce Atwood LLP

Defendants should embrace, rather than fear, Tyson Foods

Pierce Atwood LLP on

As my colleague, Katherine Kayatta, alluded to in her detailed post earlier this week, much of the initial commentary on the Supreme Court’s Tyson Foods decision has been to the effect that the decision may crack open the...more

Proskauer - California Employment Law

California Employment Law Notes - March 2016

Proskauer - California Employment Law on

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

Franczek P.C.

Supreme Court Rejects One Strategy for Defeating Class and Collective Actions

Franczek P.C. on

In recent years, one tactic for attempting to defeat wage and hour class and collective action lawsuits class action lawsuits has been to offer the named plaintiffs full relief for their individual claims in the case. Even if...more

Foley & Lardner LLP

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

Foley & Lardner LLP on

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

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