class action

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Walsh v. IKON Office Solutions, Inc., 56 Cal. Rptr. 3d 534 (Ct. App. 2007)

The trial court in this case initially granted the plaintiffs’ motion to certify a subclass of account managers who had been treated as exempt employees under the outside salesperson exemption. However, almost a year later, a different judge granted IKON’s motion to decertify the subclass on the ground that “common…

Lowdermilk v. United States Bank Nat’l Ass’n, 2007 WL 678221 (9th Cir. Mar. 2, 2007)

Plaintiffs in this class action sought unpaid wages and penalties under Oregon state law as well as costs and attorneys’ fees for a total amount of alleged damages that did not exceed $5 million. The Bank removed the action to federal court under the Class Action Fairness Act of…

Dukes v. Wal-Mart, Inc., 474 F.3d 1214 (9th Cir. 2007)

Plaintiffs in this Title VII class-action lawsuit alleged that women employed in Wal-Mart stores are paid less than men in comparable positions, despite having higher performance ratings and greater seniority, receive fewer promotions to instore management positions, and that those who are promoted must wait longer than their male counterparts to advance. The class,…

Alvarez v. May Dep’t Stores Co., 143 Cal. App. 4th 1223 (2006)

Plaintiffs in this case are 56 current and former Area Sales Managers employed by May Department Stores who alleged that they were improperly classified as exempt administrative employees and that they were not paid statutory overtime that was owed to them. The trial court sustained without leave to amend May’s demurrer based…

Dunbar v. Albertson’s, Inc., 141 Cal. App. 4th 1422 (2006)

Maurice Dunbar, a grocery manager for Albertson’s, filed this class action in which he asserted that he and other similarly situated Albertson’s employees were misclassified as executive employees exempt from overtime. The putative class consisted of approximately 900 individuals who had worked as grocery managers for Albertson’s since 2000. In support of his motion…

Tien v. Superior Court, 139 Cal. App. 4th 528 (2006)

In this wage and hour class action litigation against Tenet Healthcare Corporation, plaintiffs sought from Tenet the names, addresses and telephone numbers of all of the putative members of the class, which Tenet estimated to be approximately 50,000 people. The parties subsequently agreed that a neutral letter would be sent to a random sample…

Harris v. Investor’s Business Daily, 138 Cal. App. 4th 28, 2006 WL 786806 (Mar. 29, 2006)

Plaintiffs were employed as telemarketers selling subscriptions to a financial newspaper, Investor’s Business Daily. The telemarketers’ compensation was based on a point system, which rewarded them for selling longer subscriptions, winning daily contests and meeting weekly sales goals. In addition, they were subject to a “chargeback” if the…

Figueroa v. Northridge Hosp. Med. Ctr., 134 Cal. App. 4th 10 (2005)

One year after she filed suit against Northridge Hospital for discrimination and failure to accommodate her pregnancy, among other things, Raquel Figueroa requested leave to file an amended complaint to include class action claims for failure to pay wages and unfair business practices on behalf of all current and former nurses and…

Reynolds v. Bement, 36 Cal. 4th 1075 (2005)

Steven Reynolds, a former manager for Earl Scheib Inc., brought this class-action lawsuit against the individual shop managers and assistant shop managers of Earl Scheib, an automobile painting business. Reynolds alleged that defendants misclassified him and other employees as exempt employees, thus depriving them of statutory overtime compensation. The managers demurred to the complaint on the…

Bell v. Farmers Ins. Exchange, 115 Cal. App. 4th 715 (2004)

Following a jury trial, Farmers Insurance Exchange was ordered to pay a class consisting of 2,402 current and former claims representatives over $90 million in unpaid overtime and over $32 million in prejudgment interest. The claims representatives contended that Farmers had improperly classified them as exempt administrative employees and had unlawfully deprived them…