Tag Archives: “misclassified workers”

Exotic Dancers Continue to Rake in Class Action Dollar Bills

In our continuing coverage of exotic dancer performances on the class action stage, another group of dancers from California recently won approval of a multi-million dollar settlement in a wage and hour class action suit. A California federal district court judge approved a nearly $13 million settlement for a class of dancers who had worked … Continue Reading

Overtime Pay Class Certified Despite Individualized Issues

Authorship credit: S. Jeanine Conley Editor’s Note: Analysis of the Cuevas decision can also be read on Baker Hostetler’s Class Action Lawsuit Defense blog. In Cuevas v. Citizens Financial Group Inc.pdf, Case No. 10-cv-5582 (E.D.N.Y. May 2, 2012), the plaintiff brought an action on behalf of all Assistant Bank Managers (“ABMs”) who had worked at one of … Continue Reading

California Court Proves That They’ll Print Anything These Days With Denial of Decertification in Newspaper Carrier Case

When James Bond brandishes his Walther PPK and walks into a printing plant, you know one thing is certain – you will be “treated” to at least a half-dozen newspaper puns.  And, since this article is about a recent California case involving newspaper carriers, it will, of course, be no different. Ever since Wal-Mart Stores, … Continue Reading

Ninth Circuit Denies Rule 23 Class Certification Based On Actual Duties

Is the GOP slipping something into the water supply in San Francisco?  Do they know some dirty secrets about some Ninth Circuit judges?  Has the whole world gone crazy? The Ninth Circuit’s decision a few days ago in Delodder v. Aerotek, Inc. continues an encouraging—and surprising—trend in Ninth Circuit wage and hour law toward emphasizing … Continue Reading

California Appeals Court Rejects Attempt to Try California Misclassification Case by Statistics

The California Court of Appeal issued a rare decision in favor of employers last week, when it reversed a class action judgment of $15 million and decertified a class of 260 current and former bank employees who claimed they had been misclassified as exempt and were therefore entitled to meal and rest break premiums.  News … 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

Court Denies Conditional Certification of Putative Class of Restaurant Managers And Assistant Managers

As we have commented before, there are no class actions per se under the Fair Labor Standards Act. Rather, the plaintiffs must demonstrate that the proposed class members are “similarly situated.” In making that determination, most courts considering certification of classes under the FLSA now use a two-step procedure. At the first stage, they apply … 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

If At First You Don’t Succeed….Your “Plan B” Will Probably Fail, Too

Having already struck out on a curveball they thought was a fastball over the middle of the plate, Schering Corp. is now 0 for 2 following the latest ruling from the Connecticut federal district court in Kuzinski et al. v. Schering Corp.pdf., Case No. 3:07-cv-0233-JBA (D. Conn. August 5, 2011).  The case began over four years ago, when Schering’s sales reps … Continue Reading

The Southern District of New York Denies Conditional Certification of Proposed Overtime Class of Store Managers

Plaintiff Given a Bitter Pill to Swallow in Vitamin Shoppe Just as Harry Potter or Transformers will rule over the summer box office, the Supreme Court’s decision in Wal-Mart v. Dukes will undoubtedly reign supreme over the employment law class and collective action discussions for the summer of 2011.  But even amidst the big-budget thrills … Continue Reading

Resort Industry Finds No Refuge From Liability for Misclassification of Salespersons

In White­head v. Va­ca­tion Char­ters, Ltd., a class ac­tion judg­ment in ex­cess of $2.2 mil­lion was en­tered against the owner/op­er­a­tor of a Poconos time­share re­sort for mis­clas­si­fy­ing sales em­ploy­ees as in­de­pen­dent con­trac­tors dur­ing a three-year pe­riod. The Court of Com­mon Pleas of Philadel­phia County held that Va­ca­tion Char­ters and its own­ers were jointly and sev­er­ally li­able for … 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

Another Court Denies Certification of a Class of Retail Loss Prevention Associates

We just wrote about a recent case in which a court refused to certify a class of Wal-Mart loss prevention employees.  See Bramble v. Wal-Mart Stores Inc., Case No. 09-04932 (E.D. Pa. Apr. 11, 2011).  In the Bramble case, the court found that the duties of the employees were simply too diverse to justify even conditional … 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

Federal Court in New York Denies Class Certification of Independent Contractors’ Misclassification Claim

On June 16, 2010, a federal court in New York held that a group of newspaper delivery drivers who claimed they were wrongfully misclassified as independent contractors under New York law could not pursue their claims as a class action. Edwards v. Publishers Circulation Fulfillment Inc., No. 09 Civ. 4968 (S.D.N.Y. 6/16/10).  In an effort to … Continue Reading
LexBlog