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Employment Class Action Blog Blog

Articles: 1-10 of 149

California Court of Appeals Affirms Employer Class Action Wage and Hour Win at Trial

USA - October 16 2018 With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs’ counsel have increasingly turned to technical overtime or...

Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case

USA - September 21 2018 Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims…

California Courts Limit Derivative Wage Statement Claims

USA - August 29 2018 A common tactic for plaintiffs bringing wage and hour claims is to tack onto those claims an inaccurate wage statement claim under California Labor…

And Yes, Epic Systems Applies to Independent Contractors, Too

USA - August 27 2018 Just three months ago, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), in which it rejected perhaps…

California Meal Period Claim Done In by Collective Bargaining Agreement

USA - August 24 2018 While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective…

Eleventh Circuit Overturns Default Judgment for Failing to Pay Arbitrator’s Fee

USA - August 20 2018 With the Epic Systems case broadly supporting employers’ rights to use arbitration agreements with class waivers, what is now emerging is the result…

The California Supreme Court To Decide Whether California’s Labor Laws Apply To Employees Who Work Only Partially In California

USA - August 16 2018 For a company that does 100 percent of its business in California and employs workers who perform 100 percent of their work in California, it would…

Ninth Circuit Finds ERISA Fiduciary Duty Claims Not Arbitrable

USA - August 13 2018 But decision leaves open many questions . . . With the Supreme Court’s Epic Systems decision laying to rest many of the primary arguments used to…

California State Court Rules That Loose Change Adds Up … and So Will the Penalties

USA - August 1 2018 We’ve all been there: You pull up to a parking spot, hop out to check whether the meter requires payment on Sunday and then grumble as you fish around…

Ninth Circuit Affirms Dismissal of Wrongheaded Claim Challenging Discounted Meals for Employees

USA - July 23 2018 With low-hanging fruit like claimed misclassification of low-level supervisors already plucked, plaintiffs increasingly turn to more novel claims. In…