Tag Archives: “California Labor Code”

O’Connor v. Uber: The Ninth Circuit Unravels the Class Certification Orders in Appeals From Four Related Actions

By John Lewis on September 27, 2018 Posted in Class Certification, Rule 23

In O’Connor v. Uber Technologies, Inc., a Ninth Circuit panel, in four related appeals from District Judge Edward Chen’s rulings, reversed the denial of Uber Technologies Inc.’s motions to compel arbitration, also reversed the district court’s class certification orders and found the Rule 23(d) orders entered by the district court were moot. The opinion impacts … Continue Reading

Northern District of California Certifies Part of a Class Against Uber

By Greg Mersol on September 2, 2015 Posted in Class Certification, Independent Contractors

Much is being reported in the media about the decision of the United States District Court for the Northern District of California certifying a class of drivers for the Uber ride service who contended that they were employees, not independent contractors. O’Connor v. Uber Technologies, Inc., Case No. C-13-3826 EMC (September 1, 2015). The case … Continue Reading

California Appeals Court Finds Plaintiffs’ Counsel Inadequate, Upholds Denial of Class Certification Motion

By Gilbert Brosky on May 14, 2012 Posted in Meal and Rest Periods, Wage and Hour

It’s bad enough that a plaintiff’s attorney loses a motion to certify a class – it must be even worse when the reason the motion is denied is the attorney’s own failure to plead his case properly. A recent California court of appeals decision affirmed the denial of a California meal and rest break class … Continue Reading

California District Court Denies Certification of Wage and Hour Class: Court Thwarts Effort to Punish a Good Deed

By Greg Mersol on November 15, 2011 Posted in FLSA, Overtime Claims, Wage and Hour

An employer permits its employees to trade shifts voluntarily. A nice favor, right? Unfortunately, there are claimants ready to assert class action wage and hour claims when the employees’ own decisions create potential overtime issues. In Lessard v. Skywest Airlines, Inc., Case No. 2:11-cv-03769-JHN-VBK (C.D. Cal. Oct. 24, 2011), the plaintiffs were former ticket agents … Continue Reading

California District Court Denies Certification of Proposed Class Over Employee Expenses

By Greg Mersol on August 30, 2011 Posted in Class Certification, Retail, Rule 23

A class action over socks?! Employers operating in California are subject many state-law employment regulations and the resulting ever-present threat of class action litigation. Suits over employment practice seem to come in waves based on industry and type of employee (e.g. insurance claims adjusters, retail managers) or specific policies (such as the current spate over … Continue Reading