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, reversed four separate trial court orders that had denied certification in wage and hour class action cases:


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

The California Supreme Court held in Arias v. Superior Court that a plaintiff may bring a representative action on behalf of himself and other employees to recover civil penalties under California’s Private Attorney General Act (“PAGA”) without meeting California’s class-certification requirements. The court reasoned that, unlike a class action, where the plaintiff is suing on behalf of individual employees, a PAGA plaintiff steps into the shoes of state labor-law enforcement agencies. While that holding governs California state courts, the federal district courts have been split as to whether plaintiffs bringing PAGA claims in federal court must seek class certification under
Continue Reading Federal District Court Says That Plaintiffs Bringing Representative Claims Under California’s Private Attorney General Act Don’t Have To Seek Class Certification

A recent federal court decision has addressed the knotty issue of a defendant’s right to discovery in an FLSA collective action from the individuals who opt into the class after it is conditionally certified but before the court decides whether to grant final certification.

The case, Scott v. Bimbo Bakeries, USA, Inc. (pdf), No. 10-3154 (E.D. Pa. Dec. 11, 2012), featured a claim that the defendant’s delivery drivers—who were independent contractors—were de facto “employees” and thus entitled to various remedies under the FLSA. After the court conditionally certified the collective action, roughly 650 individuals opted into the class. To prepare
Continue Reading How Much Discovery From Opt-Ins in FLSA Collective Actions Should Businesses Seek?

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 round time clock entries to the nearest tenth of an hour or even the nearest quarter of an hour. Nevertheless, in See’s Candy Shops, Inc. v. Silva (pdf), plaintiff Pamela Silva, a long-time hourly employee, sued See’s, claiming that See’s practice of rounding recorded time
Continue Reading California Court of Appeal Upholds Time Entry Rounding in Wage and Hour Class Action