Class Actions

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Bartoni v. American Med. Response W., 11 Cal. App. 5th 1084 (2017)

Current and former employees of an ambulance service company sued their employer for unpaid meal and rest periods. The complaint alleges claims on behalf of a putative class as well as non-class claims under the Private Attorneys General Act of 2004 (“PAGA”). The trial court denied plaintiffs’ class certification motion, but in…

Gerard v. Orange Coast Mem. Med. Ctr., 9 Cal. App. 5th 1204 (2017)

In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one of their two meal periods, even if their shifts lasted longer than 12 hours. Plaintiffs alleged that they…

Batze v. Safeway, Inc., 10 Cal. App. 5th 440 (2017)

Gary Batze, et al., brought this lawsuit against their employer Safeway/Vons for failure to pay overtime wages. The employees alleged that they worked non-managerial tasks that rendered them non-exempt employees. After weeks of trial testimony, the trial court determined that the employees were engaged for more than 50 percent of their work week in…

Walker v. Apple, Inc., 4 Cal. App. 5th 1098 (2016)

The trial court disqualified the attorneys for a putative class led by Stacey and Tyler Walker based upon the lawyers’ concurrent representation of a certified class in another wage and hour class action (the Felczer class) pending against the same employer (Apple). In its disqualification motion, Apple asserted that in order to advance the…

Driscoll v. Graniterock Co., 2016 WL 6994923 (Cal. Ct. App. 2016)

Brian Driscoll, et al., filed a putative class action against their employer, Graniterock, on behalf of 200 current and former concrete mixer drivers for its alleged failure to provide employees with off-duty meal periods and an additional hour of pay for meal periods during which the drivers opted to continue working. The class…

Lubin v. The Wackenhut Corp., 5 Cal. App. 5th 926 (2016)

Nivida Lubin, et al., filed this class action lawsuit against their employer for its alleged failure to provide Lubin and similarly situated employees (private security guards) with off-duty meal and rest breaks and for providing inadequate wage statements. The trial court initially certified a class of all non-exempt security officers employed by Wackenhut…

Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016)

Jennifer Augustus filed this putative class action on behalf of all ABM security guards, alleging that ABM consistently failed to provide uninterrupted rest periods as required by state law. During discovery, ABM acknowledged that it required guards to keep their radios and pagers on, remain vigilant and respond when needs arose, such…

Morales v. 22nd Dist. Agricultural Ass’n, 1 Cal. App. 5th 504 (2016)

Jose Luis Morales and 177 other similarly situated plaintiffs sued their employer under Cal. Labor Code § 510 and the federal Fair Labor Standards Act (“FLSA”) for failure to pay them overtime. Plaintiffs’ employer is a California agency that owns and manages the Del Mar Fairgrounds and the Del Mar Horsepark. Plaintiffs…

Laffitte v. Robert Half Int’l Inc., 1 Cal. 5th 480 (2016)

An objecting class member in a wage and hour lawsuit challenged the trial court’s award of an attorney’s fee calculated as a percentage (one-third) of the overall settlement amount of $19 million. The objector asserted that pursuant to Serrano v. Priest, 20 Cal. 3d 25 (1977) (“Serrano III“), every attorney’s…

Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016)

As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign agreements not to join with other employees in bringing legal claims via arbitration against their employer. Morris and McDaniel filed a class and collective action against the company, alleging they had been misclassified as employees exempt from overtime…