California Employment Law Update

Tag Archives: class certification

January 2012 California Employment Law Notes

We invite you to review our newly-posted January 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Insurance Claims Adjusters May Be Exempt Administrative Employees Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Employee-Attorney’s $440,000 Verdict Against … Continue Reading

Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative

Pirjada v. Superior Court, 201 Cal. App. 4th 1074 (2011) Putative class representative Obaidul H. Pirjada filed a complaint on behalf of himself and a putative class of all security guards who had been employed in California by Pacific National Security, Inc. during the preceding four years. The complaint alleged a failure to provide meal-and-rest … Continue Reading

Ninth Circuit Applies Supreme Court’s “Rigorous Analysis” Test And Vacates Certification Of Class Action

Ellis v. Costco Wholesale Corp., 657 F.3d 970 (9th Cir. 2011) In this appeal, Costco challenged the district court’s order granting class certification in an action in which Costco’s promotional practices were alleged to have discriminated against female employees. The district court’s order granting class certification preceded the United States Supreme Court’s opinion in Wal-Mart … Continue Reading

Offer of Judgment for Full Amount of Class Rep’s Claim Did Not Moot Class Action

Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (2011) Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of … Continue Reading

Supreme Court Tightens Class Action Rules, Rejecting Class Composed of 1.5 Million Wal-Mart Employees

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification of a gender discrimination lawsuit brought by 1.5 million current and former Wal-Mart employees because the plaintiffs failed to identify a specific, company-wide policy or practice of discrimination. Additionally, the Court held unanimously that the employees’ backpay claims … Continue Reading

Class Representative’s Settlement And Dismissal Of His Own Claims Did Not Bar His Appeal On Behalf Of The Class

Narouz v. Charter Communications, LLC, 591 F.3d 1261 (9th Cir. 2010) Hani Narouz filed a complaint against Charter Communications in which he alleged causes of action for wrongful termination in violation of public policy, as well as statutory violations of the California Labor Code for failure to pay wages, provide meal periods, maintain accurate itemized … Continue Reading

Limousine Drivers’ Class Action Should Have Been Certified

Ghazaryan v. Diva Limousine, Ltd., 169 Cal. App. 4th 1524 (2009) Sarkis Ghazaryan filed this class action lawsuit alleging that Diva Limousine had failed to pay wages, overtime compensation, and to provide meal periods and rest breaks in violation of California law. Diva followed a policy of paying its drivers an hourly rate of pay … Continue Reading

Trial Court Properly Granted Motion To Strike Class Allegations In Misclassification Case

In re BCBG Overtime Cases, 163 Cal. App. 4th 1293 (2008) BCBG Maxazria filed a motion to strike class allegations from the complaint Christina Denkinger filed in which she and other putative class representatives alleged that BCBG misclassified its managers and assistant managers as exempt from overtime because they spend more than 50 percent of … Continue Reading

Trial Court Erred In Failing To Certify Broader Wage & Hour Class Action

Bell v. Superior Court, 158 Cal. App. 4th 147 (2007) Four employees of H.F. Cox Inc. d/b/a Cox Petroleum Transport filed this wage and hour class action challenging their employer’s failure to pay overtime; its requirement of off-the-clock work; its failure to provide meal and rest periods; its incorrect calculation of vacation pay; and its … Continue Reading

Temporary Insurance Adjusters Are Not Permitted To Proceed With FLSA Class Action

Pfohl v. Farmers Ins. Group, 2004 WL 554834 (C.D. Cal. Mar. 1, 2004) Thomas Pfohl filed this putative class action for unpaid overtime under the Fair Labor Standards Act (FLSA) on behalf of himself and all other similarly situated individuals who worked for Farmers as temporary full-time insurance adjusters. In this proceeding, the District Court … Continue Reading

Trial Court Improperly Certified Class Of Employees In Overtime Case

Sav-On Drug Stores, Inc. v. Superior Court, 97 Cal. App. 4th 1070, review granted by the Cal. Supreme Court (2002) Plaintiffs alleged that Sav-On wrongfully failed to pay overtime wages to class members consisting of current and former employees who were classified as operating managers and assistant managers. After losing the class certification motion in … Continue Reading
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