Wage & Hour Litigation Blog

Category Archives: Rule 23 Certification

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Let’s Play Two: California Supreme Court Hears Oral Argument in Two Important Class Action Cases

Posted in Arbitration Agreements, Independent Contractors, Rule 23 Certification

Authored by Jim Harris

The California Supreme Court heard oral argument in two important cases involving employment-related class actions.  From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.

The first case, Iskanian v. CLS Transportation of Los Angeles, LLC, which we reported on late last … Continue Reading

Lowe’s Raises the Bar on Class Certification

Posted in Independent Contractors, Rule 23 Certification

Authored by Jessica Schauer Lieberman

This week, the U.S. District Court for the District of Massachusetts took retailer Lowe’s advice to “never stop improving” — on the class certification standard.  The court issued a decision that may demonstrate that employers are gaining ground in convincing district courts to more narrowly interpret the class certification requirements in light of recent Supreme … Continue Reading

Ma (Labs) Knows Best—California Court Uses Comcast To Reject Certification Of An Off-The-Clock Claim

Posted in Conditional Certification, Hybrid Lawsuits, Rule 23 Certification

Co-authored by Coby M. Turner and Laura J. Maechtlen

California is bringing Comcast home—last week, California employers were the beneficiary of some down-home wisdom coming out of San Francisco. 

Giving some sage advice to the wage and hour community, Judge Alsup in Lou et. al. v. Ma Laboratories, Inc., denied conditional and class certification to a broad class of … Continue Reading

Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues, Offer of Judgment, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Alex Passantino

It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading


Posted in Rule 23 Certification

Co-authored by Soo Cho and Timothy Rusche

The Northern District of California in Ortiz v. CVS Caremark Corporation found class certification potholes were not hazards where policies establish rules of the road for employees driving between stores. In doing so, the court provided a roadmap for avoiding off-the-clock and reimbursement class claims.


In Ortiz, the plaintiffs sought to create … Continue Reading

The Second Circuit Orders A Double Bundle—Will Consider Impact of Comcast On Two Wage And Hour Class Actions

Posted in Rule 23 Certification, State Laws/Claims

Co-authored by Patrick Ryan and Noah Finkel

Earlier this week, the Second Circuit agreed to hear an appeal from the Southern District of New York concerning the impact of Comcast on wage and hour class actions.  The court will consider this appeal “in tandem” with Roach v. T.L. Cannon Corp.—another employment class action from the Northern District of New … Continue Reading

The Other Area 51? Court Holds 51 Job Titles, Even In Same Area, Are Too Alien From Another for Class Treatment

Posted in Misclassification/Exemptions, Rule 23 Certification

Co-authored by Nadia Bandukda and Noah Finkel

In an exempt status misclassification case involving 51 different IT job titles, a federal district judge in California has ruled that the proposed class members perform duties that are too divergent to justify ultimate collective under the FLSA or class treatment under Rule 23(b).

The company here divided employees in several “Bands” to … Continue Reading

Big or Small, Ninth Circuit Confirms That Dukes Must Be Considered in All Wage and Hour Class Actions

Posted in Off-the-Clock Issues, Overtime, Rule 23 Certification

Co-authored by Sheryl Skibbe and Kevin Young

With last week’s denial of the plaintiffs’ request for a full panel rehearing in Wang v. Chinese Daily News [here], the Ninth Circuit reminds us that the Supreme Court’s ruling in Walmart v. Dukes provides valuable ammunition against wage and hour class actions of all sizes.

In March 2004, three employees … Continue Reading

How to Kill a Copycat Class Action

Posted in Misclassification/Exemptions, Rule 23 Certification

Co-authored by Brandon McKelvey, Tim Nelson, and Robb McFadden

If class certification is denied, can a plaintiff’s lawyer simply find a new representative plaintiff, file a new class action, and take another stab at class certification? 

This was the situation WinCo Foods faced after defeating class certification in Gales v. WinCo Foods [here], an assistant manager … Continue Reading