California Employment Law Update

Tag Archives: commonality

Reporters’ Class Action For Unpaid Overtime Should Not Have Been Certified

Wang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to … Continue Reading

Trial Court Erred In Part In Failing To Certify Class Of Newspaper Home Delivery Carriers

Ayala v. Antelope Valley Newspapers, Inc., 2012 WL 4098995 (Cal. Ct. App. 2012) Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees … 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

Ninth Circuit Reexamines Class Certification Standards After Dukes v. Walmart

In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th Cir. Sept. 16, 2011), the Ninth Circuit reviewed the standards for class certification in an employment class action following the U.S. Supreme Court’s decision in Dukes v. Walmart. In Ellis,three named plaintiffs sought injunctive relief, compensatory damages, and backpay on behalf of a nationwide … Continue Reading

Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) The United States Supreme Court held that this class of as many as 1.5 million current and former female Wal-Mart employees was improperly certified by the lower court. The three lead plaintiffs claimed they were discriminated against on the basis of their gender and that … 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

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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