California Employment Law Update
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US Supreme Court to Review Massive Class Action Certification

 On December 6, 2010, the United States Supreme Court granted Wal-Mart’s petition for certiorari, agreeing to review the Ninth Circuit’s decision [pdf] to permit certification of a class of 500,000 current and former Wal-Mart employees in Dukes v. Wal-Mart Stores, Inc.  This litigation, which has been ongoing for nearly a decade, alleges sex discrimination under Title VII of … Continue Reading

Ninth Circuit Refuses to Allow Parallel Federal and State Wage-and-Hour Class Actions to Proceed

On November 3, 2010, the Ninth Circuit Court of Appeals refused to hear an appeal brought by a Harrah’s Las Vegas casino dealer challenging the District Court’s ruling that her proposed state wage-and-hour class action was preempted by the Fair Labor Standards Act (FLSA).  In so doing, the Ninth Circuit chose not to revisit the … Continue Reading

Employee’s PAGA Action Barred by Prior Class Action Settlement

On October 22, 2010, the California Court of Appeal in Villacres v. Abm Industries Inc., No. B219584, __ Cal. App. 4th __ (2010) rejected an attempt by a settling class member to use the California Private Attorney Generals Act (PAGA) to bring successive claims for civil penalties against his former employer, from whom he had … Continue Reading

California Slips in Forbes’ ‘Best States for Business’ Rankings

California has fallen to No. 39 in Forbes’ rankings of The Best States for Business in 2010, down one position from its ranking in 2009. According to Forbes, the rankings are based on valuations of business costs, labor supply, the regulatory environment and other economic factors.  Among these specific measures, California ranked 44th in business … Continue Reading

Cal. Ct. of App. Rules Two State Statutes Unconstitutionally Privilege Union Conduct in Labor Disputes

Today the California Court of Appeal struck down two state laws that had previously made it nearly impossible for California employers to obtain injunctive relief in labor disputes.  In Ralphs Grocery v. UFCW, No. C060413 (Cal. Ct. App. July 19, 2010), the Court determined that Cal. Code of Civil Procedure section 527.3 (a/k/a the “Moscone … Continue Reading

Legislation Situation…

California legislators have introduced a series of bills that, if enacted, would further expand liability for employers and would significantly increase the cost and risk of doing business in California.  Not surprisingly, the California Chamber of Commerce has labeled these bills “job killers.” In a related development, California’s unemployment rate hovers at 12.6% — the … Continue Reading
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