Important Employment Cases Pending Review
Topics: New Laws & Legislation
1. Whether waiver of participation in a class action in a pre-employment arbitration agreement is enforceable in California. Gentry v. Superior Court (Circuit City Stores), previously published at 135 Cal.App.4th 944 (2006) (class action for overtime wages filed by retail store managers who claim they were misclassified under the managerial/executive exemption), rev. granted April 26, 2006; Jones v. Citigroup, Inc. previously published at 135 Cal.App.4th 1491 (2006) (class action brought by credit card holders alleging violation of unfair competition law), rev. granted April 26, 2006.
2. Whether (1) Proposition 64 that limits standing to bring an action under the Unfair Competition Law to "any person who has suffered injury in fact and has lost money or property as a result of such unfair competition" (Bus. & Prof. Code, § 17204, as amended) apply to actions pending when the provisions of the proposition became effective on November 3, 2004? and (2) If the standing limitations of Proposition 64 apply to actions under the Unfair Competition Law that were pending on November 3, 2004, may a plaintiff amend his or her complaint to substitute in or add a party that satisfies the standing requirements of Business and Professions Code section 17204, as amended, and does such an amended complaint relate back to the initial complaint for statute of limitations purposes? Young America Corp. v. Superior Court, 2006 WL 217967, rev. granted May 10, 2006, briefing deferred pending decision in Californians for Disability Rights v. Mervyn's, previously published 126 Cal.App.4th 386 (2005), rev. granted April 27, 2005, and Branick v. Downey Savings & Loan Assn., previously published at 126 Cal.App.4th 828 (2005), rev. granted April 27, 2005.