Ninth Circuit Finds That Settlement of Individual Claims Moots Class Allegations

By Greg Mersol on June 8, 2020 Posted in FLSA

Why, no, a plaintiff can’t eat his cake and have it, too It is often the case that plaintiffs who cannot proceed as a class will settle their individual claims. But what if they really want an incentive award, or their attorneys really want a class-size fee award? Can they settle the individual claim and then continue to … Continue Reading

Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

By Greg Mersol on February 22, 2017 Posted in EEOC

Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an employee contends that he or she was treated less favorably than others on account of a protected trait, such as sex, race … Continue Reading

California District Court Compels Arbitration of Class Wage and Hour Claims By Law Firm Partner

By Greg Mersol on August 7, 2012 Posted in Wage and Hour

Another California case has compelled the arbitration of a wage and hour claim in the wake of the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). While the outcome is of note, the case has several other interesting features as well, among them the question of why … Continue Reading