As we have noted throughout the years, interpreting the California Private Attorneys General Act (PAGA) can be a difficult task. See our blog articles of July 14, 2017, Aug. 4, 2017, Nov. 29, 2017 and Sept. 12, 2019
Employment Class Action Blog
Information and Commentary on Class Action Cases Affecting Employers
The Employment Class Action Blog, published by Baker & Hostetler LLP, focuses on legal developments and issues related to employment class actions and collective litigation. It covers topics such as arbitration agreements and motions to compel arbitration, wage and hour disputes including Fair Labor Standards Act exemptions, biometric privacy claims under laws like Illinois BIPA, and procedural aspects of class action litigation. The blog analyzes court decisions impacting employer obligations, employee rights, and litigation strategies in employment-related class and collective actions, providing updates on significant rulings from various courts including the U.S. Supreme Court and state supreme courts.
Latest from Employment Class Action Blog - Page 9
Illinois District Court Denies Certification of ADA Claims in Airplane Mechanic Case
By Greg Mersol
It’s been awhile since we’ve addressed attempts at bringing class action disability claims (September 27, 2013 and March 6, 2014), but as we’ve noted in the past, they make poor candidates for class action treatment. Disability claims almost…
California District Court Releases Opinion Invalidating AB 51
By Greg Mersol
California District Court Denies Certification of Off-the-Clock Case
By Greg Mersol
We’ve commented in the past that off-the-clock cases can make poor candidates for class certification, particularly when the employer’s policies require that employees perform work only while clocked in. A recent case involving a decade-old dispute again illustrates the basic…
District Court Preliminarily Enjoins Enforcement of California’s A.B. 51 Anti-Arbitration Law
Since Oct. 11, 2019, we have been blogging about California’s new anti-arbitration law and the injunctive action filed before Chief District Judge Kimberly J. Mueller to enjoin it. Chamber of Commerce of the United States of America v. Bacerra, No.…
Second Circuit Finds That Nurses Are Professionals, Even if They Work for Insurance Carriers
By Greg Mersol
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 case itself involved the issue of whether service consultants at auto…
Seventh Circuit Now Addresses When Notices of Collective Action Can be Given to Employees Who May Have Arbitration Agreements Waiving Their Right to Join
By John Lewis
Whether to give notices of a collective action under the Fair Labor Standards Act (FLSA) to employees who may join presents some nuanced and challenging questions for district courts. The court must “respect judicial neutrality and avoid even the appearance…
California District Denies Certification of Race Claim Involving Claimed “English-Only” Restaurant Policy
By Greg Mersol
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 likely fare far better if the plaintiffs simply limited themselves to a single employee or location.…
Update on the TRO Issued in the Case Involving California’s AB 51 Anti-Arbitration Law
On Jan. 10, 2020 Chief District Judge Kimberly J. Mueller further defined the scope, issues and duration of the Temporary Restraining Order (TRO) she initially issued on Dec. 30, 2019. We blogged about the new California legislation and the TRO…
Ninth Circuit (Barely) Acknowledges the Dukes Case in Discrimination Class Action Litigation
By Greg Mersol
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 decision overturned a year later by the Supreme Court. Wal-Mart Stores, Inc. v. Dukes…