Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits.
Proskauer on Class and Collective Actions
Proskauer on Class and Collective Actions, published by Proskauer Rose LLP, focuses on legal developments and litigation strategies related to class and collective actions. The blog covers topics such as class certification, arbitration agreements, wage and hour claims, employment discrimination, independent contractor misclassification, and regulatory compliance. It analyzes court rulings and their implications for employers and employees, particularly in labor and employment law contexts. The blog also addresses procedural issues in class actions, including predominance and commonality requirements, and explores the impact of recent decisions by courts and regulatory bodies on class and collective litigation.
Latest from Proskauer on Class and Collective Actions - Page 4
Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable
In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code. …
Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay Discrimination Suit
In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of gender-based pay discrimination…
CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing
Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer. After terminating his employment with Sonic, Moreno filed an administrative wage claim with the Labor Commissioner for…
Brinker Round 2: Plaintiffs Secure Class Certification in Trial Court
After the renowned remand from the California Supreme Court, the Hohnbaum plaintiffs in Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) sought to certify meal period claims alleging that all California employees were denied meal periods because…
Former Dukes Class Members Foiled by Eleventh Circuit’s “No Piggybacking” Rule
Former Wal-Mart Stores, Inc. v. Dukes class members were dealt another blow this week when Southern District of Florida District Judge Robert N. Scola, Jr. granted Wal-Mart’s motion to dismiss more regionally-focused class claims that had been brought by certain…
Ninth Circuit Invalidates Attempt To Plead Around CAFA’s Jurisdictional Amount In Controversy
In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy. Plaintiffs have long attempted to avoid CAFA’s invocation of federal jurisdiction by…
Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases
Two recent decisions from the U.S. Court of Appeals for the Second Circuit have reaffirmed the enforceability of employment-related arbitration agreements containing class action waivers. In Sutherland v. Ernst & Young and Raniere v. Citigroup, Inc. the Second Circuit held…
Plaintiffs Once Again Denied Class Certification in Dukes v. Wal-Mart Stores, Inc.
In the latest chapter in what is now a twelve-year legal battle, plaintiffs seeking to bring gender-based disparate treatment and disparate impact claims against Wal-Mart with regard to the retail giant’s pay and promotion decisions were again denied class certification…
Oxford Health Plans v. Sutter
Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision. In Oxford Health Plans v. Sutter, ___ U.S. ____, No. 12-135 (June 10, 2013), the…