Rule 23 class certification

Co-authored by Jacob Oslick and Timothy Rusche

California requires written waivers if an employee misses a second meal break, right? Not exactly, clarified the California Court of Appeal in Fayerweather v. Comcast Corp. Instead, a waiver only is needed if the employer makes an employee miss a second meal break and not if the break is voluntarily skipped. The court

Continue Reading The New Comcast Decision: Not Hungry? No Meal Break Waiver Needed.

By Kevin A. Fritz and Jennifer A. Riley

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
Continue Reading Double Fail!! Fail-Safe Class Fails To Gain Class Certification

Co-authored by Steve Shardonofsky and Maya Harel

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 When Is A Footnote Not Just A Footnote? When It Helps Level The Playing Field For Employers in Class- And Collective-Action Certification Battles…

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

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 Lowe’s Raises the Bar on Class 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 Ma (Labs) Knows Best—California Court Uses Comcast To Reject Certification Of An Off-The-Clock Claim

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

Second Circuit Seal.jpgCo-authored by Timothy F. Haley and Noah A. Finkel

We’ve known since the Supreme Court’s 1982 decision in General Telephone Company of Southwest v. Falcon that in determining whether the prerequisites for class certification have been satisfied, a court must engage in a “rigorous analysis.”  But what does that mean?  According to the Second Circuit, at a minimum it means


logo_seyfarth_shaw.gifCo-authored by Richard Alfred and Patrick Bannon

Did the Supreme Court’s decision last month in Comcast v. Behrend make it harder for plaintiffs to pursue wage and hour claims as class actions?  An early consensus says “Yes.” 

As we reported previously [read here], the Supreme Court itself, in Ross v. RBS Citizens, N.A., immediately applied Comcast to a

Continue Reading Early Consensus: Courts Rely on Comcast v. Behrend In Refusing To Allow Wage and Hour Cases To Proceed As Class Actions

supreme court.jpgCo-authored by Richard Alfred and Patrick Bannon

In a post last week, we predicted that the Supreme Court’s opinion in Comcast v. Behrend would have “monumental” implications for wage and hour class actions (read more here). Some of our readers, especially although not exclusively on the plaintiffs’ side interpreted the opinion much more narrowly. 

Exactly five days after issuing Comcast

Continue Reading With the Speed of Broadband–Supreme Court Applies Comcast to Wage and Hour Case