Tag Archives: predominance

California District Court Denies Certification of Second Wage and Hour Class in Less than a Month: Early Bird Catches the Worm, but Doesn’t Like the Taste

By Greg Mersol on December 19, 2011 Posted in Overtime Claims, Wage and Hour

Maryland staffing corporation Aerotek Scientific, LLC (“Aerotek”), allegedly required its employees who worked at one of its call centers in California to arrive at work at least ten minutes before the beginning of their shifts to log into their computers and be at the ready to receive calls at the immediate start of their shifts. While … Continue Reading

California Court Denies Certification of Class of Costco Managers

By Greg Mersol on October 13, 2011 Posted in FLSA, Retail, Rule 23

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

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

By Greg Mersol on October 7, 2011 Posted in Class Certification, Discrimination

A recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. The first is that disability cases, such as those under the Americans with Disabilities Act, are particularly hard to prosecute as a class. The second is a reminder that the parties, even if the … 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

Supreme Court Reverses Ninth Circuit in Dukes v. Wal-Mart

By Greg Mersol on June 20, 2011 Posted in Uncategorized

Today, June 20, 2011, the Supreme Court issued its highly anticipated decision in Wal-Mart Stores Inc v Dukes.pdf Case No. 10-277 (U.S. S. Ct. June 20, 2011). The Court not only reversed the Ninth Circuit, but issued several clear pronouncements regarding the plaintiff’s burdens and the quality of evidence necessary to certify an employment class. … Continue Reading

Supreme Court Rejects Federal Court Order Enjoining State Court Class Action

By Greg Mersol on June 17, 2011 Posted in Rule 23

The United States Supreme Court held on June 16, 2011 that a federal court could not enjoin a state court from considering certification of a class unless it had previously denied certification under essentially the same standard AND the cases have the same parties. See Smith v. Bayer Corp.pdf, Case No. 09-1205 (June 16 2011). True, … Continue Reading

District Court Denies Certification of Class of BP Oil Platform Workers Claiming Radiation Exposure

By Greg Mersol on January 31, 2011 Posted in Rule 23

In the wake (no pun intended) of the Horizon gulf oil spill, what could be worse than (a) representing BP; (b) in Louisiana; (c) on a case involving personal injuries allegedly sustained on an oil platform? How about making the injury one for alleged radiation exposure? And the defendant wins! We don’t ordinarily comment on … Continue Reading