Tag Archives: wage and hour

California District Court Rejects Yet Another Class Settlement

“Another one bites the dust…” In yet another decision rejecting a settlement of an employment class action, the Northern District of California refused to approve a settlement of a wage and hour suit due to numerous problems with the resolution reached between the parties. In Myles v. AlliedBarton Security Services, LLC, Case No. 12-cv-05661-JD (N.D. … Continue Reading

West Virginia District Court Refuses To Certify Fail Safe Class

It’s not uncommon to see putative classes pleaded in terms of the violation of a specific statute, such as “all managers misclassified as exempt by defendant” or “all persons harmed by defendant’s discriminatory policies.”  In all likelihood, classes may be pleaded this way due to the attorney’s bravado that, of course, all of the defendant’s … Continue Reading

Russell v. Citigroup Inc. – Language in Revised Arbitration Agreement Torpedoes its Application to Pending Class Action

A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed.  Russell v. Citigroup, Inc., Case No. 13-5994 (6th Cir. April 4, 2014). Keith Russell had worked at a Citicorp call center in Florence, Kentucky … Continue Reading

Employees Seek To Take Bite From Apple (and Urban Outfitters)

Chances are that if you ask someone what they remember from the cult-classic Paul Verhoeven film Total Recall, they’ll recall (among other things) the sequence where Arnold Schwarzenegger attempts to sneak through security.  In the sequence, guards watch all of the citizens passing through on a large x-ray screen which depicts their skeletons (in glorious … 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
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