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.
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FLSA Action Could Not Be Certified Under California Class Action Statute
By Tony Oncidi on
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…