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California Court of Appeal Says No to Class Certification of Independent...
The California Court of Appeal has affirmed a trial court’s order denying class certification on the alleged misclassification of independent contractors. The Court of Appeal provides a lengthy...
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Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest...
The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. The Ninth Circuit previously...
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Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of...
The United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification requirements as spelled out in Wal-Mart v. Dukes. However,...
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Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No...
As employers welcome a new group of eager interns to their offices this summer, employers may be thinking about the recent wave of class action lawsuits alleging that unpaid internships violate minimum...
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Court Strikes Down Proposed Class of Female Wal-Mart Employees – Again!
After suffering defeat in the United States Supreme Court, Plaintiffs in Dukes et al. v. Wal-Mart Stores, Inc. returned to court in California in an attempt to certify a newly defined and smaller class...
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Extra! Extra! Read All About It: California Supreme Court Affirms Reversal of...
The California Supreme Court in Ayala v. Antelope Valley Newspapers, Inc. recently affirmed and remanded the reversal of a denial of class certification in an independent contractor misclassification...
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U.S. Census Bureau Down for the Count after Certification Ruling in Criminal...
Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States...
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To Pay or Not To Pay: The Second Circuit Rules on Unpaid Interns
In addressing a matter of first impression, the Second Circuit Court of Appeals set out a new standard to determine when an unpaid intern is deemed an employee for purposes of the Fair Labor Standards...
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Managing PAGA Claims: A Recent Decision Points the Way to Defeat...
A recent federal court decision illustrates how defendants may be able to defeat PAGA claims in California. Brown v. American Airlines, Inc., No. CV 10-8431-AG (PJWx), 2015 WL 6735217 (C.D. Cal. Oct....
View ArticleSay It Again: No Common Question Binds a Class Subject to Thousands of...
Echoing an increasingly familiar refrain, another district court has declined to certify a class of women bringing pay equity claims on the basis that they did not present a common question capable of...
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