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Employment Class Action Blog Blog

Articles: 1-10 of 204

California District Court Releases Opinion Invalidating AB 51

USA - February 11 2020 We’ve blogged several times the ongoing saga involving AB 51, California’s attempt to prevent the…

California District Court Denies Certification of Off-the-Clock Case

USA - February 6 2020 We’ve commented in the past that off-the-clock cases can make poor candidates for class certification, particularly when the employer’s policies…

Second Circuit Finds That Nurses Are Professionals, Even if They Work for Insurance Carriers

USA - January 30 2020 Not quite two years ago, the Supreme Court decided the case of Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018), a case we blogged here. The…

Seventh Circuit Now Addresses When Notices of Collective Action Can be Given to Employees Who May Have Arbitration Agreements Waiving Their Right to Join

USA - January 27 2020 Whether to give notices of a collective action under the Fair Labor Standards Act (FLSA) to employees who may join presents some nuanced and…

California District Denies Certification Race Claim Involving Claimed “English-Only” Restaurant Policy

USA - January 23 2020 While class actions may prove lucrative for the plaintiffs who bring them, most cases just aren’t suitable for class action treatment and many would…

Update on the TRO Issued in the Case Involving California’s AB 51 Anti-Arbitration Law

USA - January 16 2020 On Jan. 10, 2020 Chief District Judge Kimberly J. Mueller further defined the scope, issues and duration of the Temporary Restraining Order (TRO) she…

Ninth Circuit (Barely) Acknowledges the Dukes Case in Discrimination Class Action Litigation

USA - January 13 2020 Ten years ago, the Ninth Circuit upheld the certification of a sprawling nationwide class action in Dukes v. Wal-Mart Stores, Inc., only to see that…

Third Circuit Finds Multiple Problems With Certification of Off-the-Clock Claims

USA - January 8 2020 A recent case from the Third Circuit casts a spotlight on many of the problems inherent in so-called off-the-clock claims for overtime…

California Court of Appeal Concludes Practice Is More Important Than Policy for Class Certification

USA - December 30 2019 A California Court of Appeal issued a Christmas Eve ruling setting out the significance of a written employment policy for class certification…

District Court Temporarily Enjoins Enforcement of California’s AB 51 Anti-Arbitration Provision

USA - December 30 2019 A federal judge has issued a temporary restraining order halting the enforcement of Assembly Bill 51, California’s latest attempt to prevent…