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Tag Archives: wage and hour

Yes, you really did settle all your claims when you said you did: Ninth Circuit dismisses appeal of class certification denial by plaintiff who accepted Rule 68 offer

Posted in Employment, Motions Practice

A plaintiff hopes to represent a class to pursue two sets of wage-and-hour claims but runs into headwinds in the district court.  First, one set of claims disappears because his legal theory doesn’t withstand a motion to dismiss.  Then class certification is denied on what was left.  After that, the defendant— invoking Rule 68 of… Continue Reading

Despite Wal-Mart Stores v. Dukes, Ninth Circuit approves statistical sampling to prove that an “unofficial” common policy exists

Posted in Class Certification, Commonality, Employment

There seem to be two prevailing conceptions of class actions.  In one view, a class action is a way of determining many similar claims at once by evaluating common evidence that reliably establishes liability (and lays a ground work for efficiently calculating damages) for each class member.  That is, the class device produces the same… Continue Reading

California Supreme Court Rejects Exceptionally Poor Sampling Method, But Leaves Open Many Questions About Sampling And Class Certification

Posted in Class Certification

In Duran v. U.S. Bank N.A. (pdf), the California Supreme Court recently addressed an important question in the context of state-court class actions: Can plaintiffs invoke statistical sampling in an attempt to prove class-wide liability and overcome the presence of individual questions that ordinarily would defeat class certification? The court’s answer to that question is a… Continue Reading

Supreme Court to Decide Whether Fair Labor Standards Act Requires Compensating Employees for End-of-Shift Security Screenings

Posted in Employment, U.S. Supreme Court

The Supreme Court makes its biggest headlines when it wades into the biggest issues of the day. But the Supreme Court also maintains a substantial docket of seemingly small—but ultimately important—technical questions. In recent years, the Court has been particularly interested in defining precisely when an hourly employee is on and off the clock. For… Continue Reading

Recent Appellate Decisions Underscore That Wage and Hour Class Actions are Alive and Well in California Despite Brinker

Posted in Class Certification, Employment

Some observers of California wage-and-hour class actions contended that the Brinker v. Superior Court—a key decision we have discussed in the past—had sounded the death knell for class certification in those cases. of California wage and hour class actions. Not so fast, according to the California Courts of Appeal, which have, in four published opinions,… Continue Reading

The Fate of Hollywood Internship Programs May Rest With the Second Circuit

Posted in Employment, Predominance

Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or collective actions alleging that interns must be paid like hourly employees. The unpaid internship is among the hottest areas in wage-and-hour litigation. Two of the… Continue Reading

California Court Of Appeal Strikes Down Arbitration Agreement In Wage-And-Hour Class Action Despite Concepcion

Posted in Arbitration, Employment

A California appellate court weighed in last week with another effort to circumvent the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion. In Franco v. Arakelian Enterprises, Inc. (pdf), a panel of the Court of Appeal in Los Angeles affirmed an order refusing to enforce an employee’s agreement to arbitrate disputes with his… Continue Reading

California Court of Appeal Upholds Time Entry Rounding in Wage and Hour Class Action

Posted in Employment

Many employers, especially in California, are targeted by wage and hour class actions.   A recent decision by the California Court of Appeal may provide employers with some much-needed relief (and certainty) about a common practice: rounding time clock entries. Both the U.S. Department of Labor and California’s Division of Labor Standards Enforcement permit employers to… Continue Reading