Class Actions

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Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___, 136 S. Ct. 1036 (2016)

Following a jury trial, the employees in this class/collective action recovered $2.9 million in compensatory damages for violation of the Fair Labor Standards Act (“FLSA”). The employees alleged that they did not receive statutorily mandated overtime pay for the time they spent donning and doffing protective equipment at a pork processing…

Arizona ex rel. Horne v. The Geo Group, 2016 WL 945634 (9th Cir. 2016)

Alice Hancock was employed by Geo as a correctional officer at the Arizona State Prison. Geo contracts with the Arizona Department of Corrections to maintain and operate two facilities in the state. Hancock filed a charge of discrimination and harassment based on sex and also alleging retaliation. After concluding its…

USS-POSCO Indus. v. Case, 197 Cal. Rptr. 3d 791 (Cal. Ct. App. 2016)

Floyd Case voluntarily enrolled in a three-year, employer-sponsored educational program. Case agreed in writing that if he quit his job within 30 months of completing the program, he would reimburse his employer (UPI) a prorated portion of the program costs. Two months after completing the program, Case went to work for…

Castillo v. DHL Express (USA), Inc., 243 Cal. App. 4th 1186 (2015)

Henry Castillo filed this putative class action based on alleged violations of the wage and hour laws. The trial court granted defendants’ motion to dismiss based on plaintiff’s failure to bring the case to trial within five years. In opposition, Castillo contended that the running of the five-year period was tolled by operation…

Campbell-Ewald Co. v. Gomez, 577 U.S. ___, 136 S. Ct. 663 (2016)

In this putative class action involving an alleged violation of the Telephone Consumer Protection Act (prohibiting using an automatic dialing system to send a text message to a cellular telephone, absent the recipient’s express consent), Campbell-Ewald proposed to settle Jose Gomez’s individual claim and filed an offer of judgment pursuant to FRCP…

Palacio v. Jan & Gail’s Care Homes, Inc., 242 Cal. App. 4th 1133 (2015)

Yvonne Palacio filed this putative class action against Jan & Gail’s Care Homes (“Care Homes”) based on a policy that required newly hired employees to sign an agreement waiving their right to uninterrupted meal periods. Palacio sought class certification based upon the “general policy” of requiring the waiver without notifying…

Cruz v. Sun World Int’l, LLC, 2015 WL 9463140 (Cal. Ct. App. 2015)

Plaintiffs in this putative class action alleged off-the-clock work had been performed by employees, that meal and rest breaks were shortened, that the additional hour of pay for each meal or rest period they were denied was not paid, and that their wage statements were inaccurate. The trial court denied certification…

Alcantar v. Hobart Serv., 800 F.3d 1047 (9th Cir. 2015)

Joséluis Alcantar filed this action against his employer to represent a putative class of service technicians for the time spent commuting in the employer’s service vehicles from their homes to their jobsites and then back again. Alcantar also alleged failure to provide the technicians with meal and rest breaks. The district court denied class…

Alberts v. Aurora Behavioral Health Care, 2015 WL 6121981 (Cal. Ct. App. 2015)

Valerie Alberts and others, formerly employed as members of the nursing staff at two acute care psychiatric hospitals owned and operated by Aurora, claimed that Aurora’s uniform practices and de facto policies routinely denied nursing staff employees their meal and rest periods and overtime payments. Plaintiffs sought class certification on behalf…

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in addition to the other six new laws that we reported on in September:

  • Signed legislation:
    • Sick Leave: Accrual And Limitations Language Clarified (AB 304)
    • Employers Prohibited From Using E-Verify

…