Last week, in Sirko v. IBM, a federal district court in California rejected the plaintiffs’ efforts to use a rudimentary survey to establish Rule 23 class certification because the survey — designed and administered by plaintiffs’ counsel — “lack[ed] basic indicators of reliability.” The case is yet another example of the trend … Continue Reading
Authored by Michael W. Kopp
Ordonez v. RadioShack, Part II is the end-of-summer sequel you do not want to miss. It features our protagonist, the “uniform rest break policy,” a sinister cast of declarations of similar treatment, a harrowing finding of unlawfulness, a dramatic second run by plaintiff at class certification, and the court’s emphatic second opinion denying plaintiff’s certification … Continue Reading
A federal court in Chicago recently denied class and collective action certification in a wage-hour case brought by sales representatives for Groupon. But the court did so without prejudice to allow plaintiffs to take a second bite at the apple — albeit, a smaller apple. The court’s decision denying plaintiffs’ motion … Continue Reading
Authored by Brian P. Long
A seemingly never ending wave of call center class actions has been leveled against employers in recent years. The hallmark of these suits invariably includes allegations of purportedly homogenous “drones” working off-the-clock when they are not helping customers. Companies are left with few options other than shout into the wind that their policies prohibit such … Continue Reading
Merits-based (a/k/a “fail-safe”) classes have a long-settled reputation of being one of the best examples of the worst defined class. Fail-safe classes are those defined in terms of the merits (e.g., all who were victims of defendant’s wrongdoing). These classes are problematic because the class size varies depending on the verdict. A … Continue Reading
In opposing class- or collective-action certification, employers often submit declarations from current employees stating that they have been paid properly and have not been subject to whatever unlawful policy or practice is at issue. There is an increasing trend in courts across the country to reject these type of declarations on the basis … Continue Reading
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.
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
California is bringing Comcast home—last week, California employers were the beneficiary of some down-home wisdom coming out of San Francisco.
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.