Tag Archives: “California wage and hour”

California Supreme Court Clarifies “Day of Rest” Requirements

California’s employment laws have consistently caused headaches for employers because even minor technical violations of these laws can fuel class action litigation and prove costly. However, a recent decision by the California Supreme Court, Mendoza v. Nordstrom, Inc. (SC S224611), provides some clarity by tackling three burning questions regarding California’s day of rest statutes – … Continue Reading

California Supreme Court (!) Issues Strong Pro-Defense Wage and Hour Class Action Decision

“Depending on the nature of the claimed exemption and the facts of a particular case, a misclassification claim has the potential to raise numerous individual questions that may be difficult, or even impossible, to litigate on a classwide basis.” “[T]rial courts deciding whether to certify a class must consider not just whether common questions exist, … Continue Reading

California Courts Deny Certification In Wage and Hour Cases Based On Claim That Employer “Should Have Known” Of Unpaid Time

Back in October, we reviewed a number of California cases that, for the most part, denied certification in cases in which certification would have largely been a foregone conclusion only a few years ago.  The first few days of 2014 have been quiet on the class action front so far, so let’s review a few … Continue Reading

Judge Denies Class Certification as California Courts Continue to Weather the Wake of Brinker

Sometimes, when a heavily hyped movie arrives in theaters, the tremendous business it generates can have a negative effect on all the other surrounding films.  For example, The Avengers landed in American cinemas on May 4, 2012.  Since that time, not only has it racked up astronomical box office figures of its own (in fact, … Continue Reading

Trucking Industry Gets Another “Break” From California Meal Period Rules: Federal Court Finds Route Drivers’ Break Claims Preempted By FAAAA

Following down the road paved late last year by the Ninth Circuit in Am. Trucking Ass’ns, Inc. v. City of Los Angeles, (ATA II), 660 F.3rd 384 (2011), and the Southern District of California in Dilts v. Penske Logistics LLC  (discussed here), Judge Jacqueline Nguyen in the Central District of California has dismissed a putative … Continue Reading

California Court Affirms Summary Judgment Against Putative Class of Insurance Agents

Court Finds That Insurance Agents Were Independent Contractors As A Matter Of Law As we have noted in prior blogs, litigation involving alleged independent contractor status is on the rise, and is increasingly the topic of class action claims. Plaintiffs in these cases tend to argue that they were misclassified as independent contractors and were … Continue Reading

California Supreme Court’s Harris Decision May Become a Helpful Tool in Defeating Class Certification–Or Maybe it Won’t

An Irritable Pessimist’s View of a Welcome Decision After several years of waiting, the California Supreme Court handed down its long-anticipated decision in Harris v. Superior Court last week. Given the natural-born suspicion held by management-side lawyers toward anything that wanders its way out of the wilderness that is the California courts, it probably comes as … Continue Reading

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

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 Putative Class of Independent Contractor Strippers

COURT:  EXOTIC PERFORMER MUST DANCE THE DANCE TO LEAD A CLASS ACTION An exotic dancer’s effort to certify a class of dancers in a minimum wage suit against an adult night club in California hit a bump and ground to a temporary halt in early October after a federal court determined she could not serve … Continue Reading

California Court Denies Certification of Class of Costco Managers

California has been the focus of numerous class action wage and hour suits involving retail managers and assistant managers. One reason is that California law defines the executive exemption slightly, but significantly differently than, federal law.  Under both the FLSA and California law, courts will consider whether the employee’s “primary duty” is management.  While under … Continue Reading

Ninth Circuit Affirms Decertification Of California Wage And Hour Case Involving Dock Supervisors

Thomas Hobbes famously observed that life is short, nasty, and brutish.  A recent case from the Ninth Circuit demonstrates that litigation is similar, except that it is not short. In Marlo v UPS.pdf (9th Cir., April 28, 2011), the plaintiff was a UPS employee who held various supervisory positions in connection with the movement of freight.  … Continue Reading

California Appellate Court Sends Mixed Signals in Affirming Denial of Class Certification.

The Second Appellate District in California recently affirmed a trial court’s refusal to certify a class of store managers in Mora, et al. v. Big Lots Stores, Inc.pdf., Case No. B221949 (April 18, 2011).  Whether this case should be treated as a welcome sign for employers, however, remains an enigma wrapped inside a riddle (served … Continue Reading

$10 Million Settlement for Exotic Dancers a Not-So-Exotic Outcome in Wage Class Actions

If you think wage and hour class actions aren’t very sexy, you’re wrong. A class of exotic dancers in California and other states have received preliminary court approval of a $10 million settlement of their class action suit in which they claimed that their adult nightclub employers misclassified them as independent contractors.  Trauth v. Spearmint … Continue Reading

Court Decertifies Overtime Collective Classes of Fitness Trainers and Managers

We’ve commented in this blog in the past about the viability of classes that have been conditionally certified under the FLSA and that many are ultimately decertified. Another case underscores the importance of the distinction between conditionally certified classes under the FLSA and those that survive a motion to decertify. This case also underscores the … Continue Reading

California District Court Refuses To Certify Overtime Class of Hertz Managers

It’s easy to forget that cases to the Supreme Court are in many ways like any other case and their own histories following Supreme Court review.  Almost no-one, for example, could readily identify the individual appointed to the position sought by William Marbury after the Supreme Court’s Marbury v. Madison.pdf decision.  While almost anyone can describe, … Continue Reading
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