We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
collective action

Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023)
Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper overtime to him and other similarly situated underwriters. After Dominguez filed the lawsuit, his former employer allegedly attempted to persuade other underwriters at the company not to participate in the…
Second Circuit Reaffirms Enforceability of Arbitration Agreements Containing Collective Action Waivers In Two FLSA Cases
Two recent decisions from the U.S. Court of Appeals for the Second Circuit have reaffirmed the enforceability of employment-related arbitration agreements containing class action waivers. In Sutherland v. Ernst & Young and Raniere v. Citigroup, Inc. the Second Circuit held that the Federal Arbitration Act (FAA) requires courts to enforce a valid agreement to arbitrate even where the relevant substantive law – here, the Fair…
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 contract. Although Pitts claimed only $88 in damages for…
Ninth Circuit Refuses to Allow Parallel Federal and State Wage-and-Hour Class Actions to Proceed
On November 3, 2010, the Ninth Circuit Court of Appeals refused to hear an appeal brought by a Harrah’s Las Vegas casino dealer challenging the District Court’s ruling that her proposed state wage-and-hour class action was preempted by the Fair Labor Standards Act (FLSA). In so doing, the Ninth Circuit chose not to revisit the District Court’s ruling that the plaintiff could not assert parallel federal and state wage-and-hour class actions. This ruling provides welcome relief to employers threatened by such a multiplicity of claims.
FLSA Action Could Not Be Certified Under California Class Action Statute
Haro v. City of Rosemead, 174 Cal. App. 4th 1067 (2009)
Randy Haro and Robert Ballin filed an action against the city of Rosemead alleging a violation of the federal Fair Labor Standards Act (“FLSA”). The trial court denied plaintiffs’ motion to have the class certified pursuant to Cal. Code Civ. Proc. § 382 (the California class action statute) on the ground that an…
FLSA Action Could Not Be Certified Under California Class Action Statute
Haro v. City of Rosemead, 174 Cal. App. 4th 1067 (2009)
Randy Haro and Robert Ballin filed an action against the city of Rosemead alleging a violation of the federal Fair Labor Standards Act (“FLSA”). The trial court denied plaintiffs’ motion to have the class certified pursuant to Cal. Code Civ. Proc. § 382 (the California class action statute) on the ground that an…
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 denied Pfohl’s Motion for Certification of Collective Action. Pfohl…