Class Certification Properly Denied to Sephora Workers Suing for Misclassification
February 26, 2015 - 1:28 PM
Today a California Court of Appeal issued its published decision in Mies v. Sephora, holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative employees. The Court of Appeal originally issued its decision as an unpublished decision in early February...
California Court Complicates Determination of Independent Contractor Misclassification Claims
October 29, 2014 - 11:20 AM
A decision earlier this month by a California Court of Appeal in Dynamex v. Superior Court greatly (and unnecessarily) complicates the determination of whether an employee is an independent contractor or an employee, and in some instances makes it extremely difficult for an employer to defeat class certification of an independent contractor misclassification claim.
Federal District Court in California Rules That Iskanian Is Wrong and That PAGA Representative Action Waivers Are Enforceable
August 28, 2014 - 10:23 AM
Earlier this summer, the California Supreme Court ruled in Iskanian v. CLS that while class action waivers in employment arbitration agreements are enforceable, similar waivers of the right to bring a representative action under PAGA are not enforceable. The Court reasoned that preventing a representative action under PAGA is contrary to California public policy...
New Case Highlights Duty to Reimburse Employees for Using Personal Cell Phones for Work Purposes
August 20, 2014 - 10:08 AM
Last week a California Court of Appeal held that class certification was appropriate in a case alleging that the employer failed to reimburse employees for expenses associated with using their personal cell phones for work calls. At the trial court level, the employer successfully opposed class certification, arguing that liability could not be established...
California Supreme Court Rejects Trial by Formula and Reaffirms That a Class Action Trial Must Properly Manage, Not Ignore, Individual Issues Bearing on Liability
May 30, 2014 - 11:28 AM
In a case that CDF has been handling since its inception in 2001, we are pleased to report that yesterday the California Supreme Court issued its opinion in Duran v. U.S. Bank National Association, affirming in full a Court of Appeal decision overturning a $15 million judgment in favor of a class of Business...
Ninth Circuit Issues Another Employer-Friendly Decision on CAFA Removals
February 19, 2014 - 11:13 AM
Yesterday the Ninth Circuit issued its decision in Rea v. Michaels Stores, reversing a remand order and finding that the defendant employer’s removal of the case to federal court under the Class Action Fairness Act (CAFA) was proper. In line with its decision last year in Roth v. CHA Hollywood Medical Center,...
California District Court Denies Class Certification Due to Inadequate Class Counsel
January 17, 2014 - 10:59 AM
This month, a San Francisco district court denied class certification in Lou v. Ma Laboratories, ruling that class counsel was inadequate due to their simultaneous involvement in two class actions against Ma Laboratories, a global distributor of computer components. The Lou case alleged FLSA and wage and hour claims, such as failure to pay...
Ninth Circuit Further Weighs In on Arbitration Agreements
October 30, 2013 - 11:47 AM
This week, the Ninth Circuit has issued two new decisions on the enforceability of arbitration agreements post-Concepcion. In the first case, Ferguson v. Corinthian Colleges, the court issued an opinion favoring enforcement of arbitration agreements by striking down over a decade of California-based precedent holding that arbitration may not be compelled where the action...
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