California Employment Law Update

Tag Archives: class action certification

Nurse May Proceed With Class Certification On Wage Statement Claim

Woodworth v. Loma Linda Univ. Med. Ctr., 93 Cal. App. 5th 1038 (2023) Nicole Woodworth was a registered nurse at Loma Linda University Medical Center from December 2011 to June 2014.  In June 2014, she filed a putative class action against Loma Linda, alleging various wage and hour claims on behalf of herself and other … Continue Reading

September 2023 California Employment Law Notes

We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading

Residential Care Facility Could Require Its Employees To Take On-Duty Meals

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 … Continue Reading

Agricultural Workers’ Putative Class Action Was Properly Denied Certification

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 … Continue Reading

Trial Court Improperly Failed To Certify Class Action For Unpaid Overtime

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 … Continue Reading

Missed Meal Break Class Action Was Properly Certified

Safeway, Inc. v. Superior Court, 238 Cal. App. 4th 1138 (2015) Plaintiffs in this class action lawsuit alleged claims against Safeway and Vons for failure to provide meal and rest breaks, failure to provide itemized pay statements, unfair business practices under the Unfair Competition Law (“UCL”) and penalties under the Labor Code Private Attorneys General … Continue Reading

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits. Today, the opposite seems to be true: appellate courts are reversing decisions denying class certification and … Continue Reading

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
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