Class Actions

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Clarke v. AMN Servs., LLC, 987 F.3d 848 (9th Cir. 2021)

Plaintiffs who worked as travelling clinicians for AMN (a healthcare staffing company) were paid a weekly per diem benefit for weeks in which they worked at facilities located more than 50 miles from their homes.  In this class action, plaintiffs argued that the per diem benefits were improperly excluded from their regular…

Last summer, Nike began requiring its retail employees to wear masks to combat the spread of COVID-19. A few weeks later, Cali Bunn entered one of its San Diego-area stores to purchase some shoes. Ms. Bunn is deaf and, like other deaf and hearing-impaired customers, relies on her ability to read other’s lips to communicate.

Ms. Bunn sued Nike in federal court in California (…

We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Gulf Offshore Logistics, LLC v. Superior Court, 58 Cal. App. 5th 264 (2020)

Non-California resident crew members of the “Adele Elise” (a vessel that provides services to oil platforms located off the coast of California) filed this putative class action alleging multiple violations of California wage and hour law. The owner/operators of the vessel (all of whom are based in Louisiana) petitioned the

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Harris v. KM Indus., Inc., 980 F.3d 694 (9th Cir. 2020)

KM Industrial removed from state to federal court the putative wage/hour class action under the Class Action Fairness Act (CAFA), asserting that the amount in controversy exceeded $5 million. Plaintiff’s motion to remand was based on the argument that KMI unreasonably assumed that the hourly employee class members missed meal and rest

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Castillo v. Bank of Am., 980 F.3d 723 (9th Cir. 2020)

Cindy R. Castillo filed this putative class action in which she alleged that more than 5,000 similarly-situated call center employees had not been paid minimum wages or overtime pay and that they had been deprived of a second meal period. The district court denied Castillo’s motion for class certification of the overtime claim based…

Hildebrandt v. Staples the Office Superstore, LLC, 58 Cal. App. 5th 128 (2020)

Von Hildebrandt filed a putative class action against Staples asserting that he and other general managers of Staples had been misclassified as exempt from overtime and that, accordingly, they were owed compensation for unpaid overtime, missed rest and meal periods, inaccurate wage statements and waiting time penalties. Hildebrandt’s lawsuit was

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Big Lots Stores, Inc. v. Superior Court, 57 Cal. App. 5th 773 (2020)

Big Lots, an Ohio corporation, applied to have Ohio counsel (Vorys, Sater, Seymour & Pease LLP) admitted to represent it in a putative class action pending in California. The trial court granted the application but when it learned that attorneys from the Vorys firm also were attempting to represent various

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We invite you to review our newly-posted November 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Semprini v. Wedbush Secs., Inc., 2020 WL 6557549 (Cal. Ct. App. 2020)

Joseph Semprini and another employee filed this putative class action against Wedbush for various wage and hour violations based upon an alleged misclassification of similarly situated financial advisors who were treated as exempt employees. Wedbush classified its California financial advisors as exempt from overtime pursuant to the administrative exemption. Since Wedbush pays its…