For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of California issued the former Local Rule 23-3, which set a 90-day deadline to file a motion for class certification from the filing of a complaint in or removal of an
Class Actions
May 2020 California Employment Law Notes
…
Employees Who Were Required To Call-In Prior To Shift Were Entitled To Reporting-Time Pay
Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020)
Alexa Herrera filed this putative class action against her employer, alleging that Zumiez failed to provide reporting-time pay to employees at its California retail stores for their “Call-In” shifts. Employees scheduled for a Call-In shift were required to make themselves available to work during the shift and then call their manager 30 to
…
Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials
Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020)
Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act (“FCRA”) because his former employer had provided him a FCRA disclosure statement simultaneously with other employment materials and had failed to provide a standalone FCRA authorization. The district court granted summary judgment to
…
March 2020 California Employment Law Notes
We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
…
Agreement To Divide $4.3 Million in Attorneys’ Fees Was Unenforceable Absent Disclosure About Insurance
Hance v. Super Store Indus., 44 Cal. App. 5th 676 (2020)
The attorneys who represented the employees in a class action filed a motion with the trial court for approval of a settlement of the action and also for an award of attorneys’ fees and a division of those fees among the lawyers in accordance with a fee division agreement that had been…
Employee Can Sue Employer That Was Not Released In Prior Class Action
Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020)
Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center. Grande was a named plaintiff in a class action prosecuted against FlexCare in which she alleged she had not received her required meal and rest breaks, wages for certain periods she had worked…
Louisiana Wage Law Applies To Non-California Residents Working On Vessel Off The Coast Of California
Gulf Offshore Logistics, LLC v. Superior Court, 2020 WL 772610 (Cal. Ct. App. 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…
January 2020 California Employment Law Notes
We invite you to review our newly-posted January 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories
- Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed
- Employer That “Mistakenly” Terminated Employee On Disability Leave May Be
…
Ninth Circuit Affirms $54.6 Million Verdict In Favor of Wal-Mart Truckers
Ridgeway v. Walmart Inc., 2020 WL 55073 (9th Cir. 2020)
In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent on layovers is compensable if Wal-Mart exercised control over the drivers during those breaks – “Wal-Mart’s…