California Employment Law Update

Tag Archives: Class Action Fairness Act

Employer Did Not Waive Its Right To Remove Action to Federal Court By Filing Demurrer

Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018) Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the … Continue Reading

Two Class Actions Should Have Been Treated As One For Purposes of CAFA Removal

Bridewell-Sledge v. Blue Cross of Cal., 2015 WL 4939641 (9th Cir. 2015) Two similar class actions filed 13 minutes apart against the same defendants in the same California state court were consolidated by the state court “for all purposes.” Despite the fact that the two actions had been consolidated into a single action, defendants filed … Continue Reading

Employer Met Its Burden Of Proving At Least $5 Million Amount In Controversy For CAFA Removal

LaCross v. Knight Transp. Inc., 775 F.3d 1200 (9th Cir. 2015) In this putative class action, plaintiffs alleged that Knight Transportation had misclassified them as independent contractors when in fact they were employees who were not reimbursed their lease-related and fuel costs as required by Labor Code § 2802. Knight removed the case from state … Continue Reading

PAGA Action Should Have Been Remanded To State Court

Baumann v. Chase Inv. Servs., 2014 WL 983587 (9th Cir. 2014) Joseph Baumann sued his employer, Chase Investment Services Corporation, under the Private Attorneys General Act (“PAGA”), alleging claims for unpaid overtime, meal breaks and rest periods and timely expense reimbursements. Baumann further alleged his potential share of any recovery and attorney’s fees would be … Continue Reading

March 2014 California Employment Law Notes

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading

Ninth Circuit Clarifies CAFA Removal Requirements

In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea, the plaintiffs filed a class action alleging that Michaels improperly classified California store managers as exempt from overtime. Michaels removed … Continue Reading

Employer Granted Leave To Appeal Remand Of Wage-and-Hour Case

Coleman v. Estes Express Lines, Inc., 627 F.3d 745 (2010) Bradford Coleman sued his employer, Estes Express Lines and its regional division Estes West, in state court for alleged violations of California wage and hour statutes. Estes Express removed the action to federal court under the Class Action Fairness Act of 2005 (“CAFA”), and Coleman … Continue Reading
LexBlog