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Tag Archives: class actions

Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program: Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Other times, employers make the mistake of treating an employee… Continue Reading

Arbitration Agreements Can Backfire on Employers

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

It is no secret that arbitration agreements may greatly reduce the risks that many employers face in disputes with employees.  For example, when used correctly, such agreements can curb exposure to class actions by forcing employees to arbitrate disputes on an individual basis instead of a class basis.  See, e.g., Iskanian v. CLS Transportation Los… Continue Reading

California Supreme Court Clarifies Employers’ Right to Litigate Affirmative Defenses in Class Actions

Posted in Labor Law, Wage & Hour

On May 29, 2014, the California Supreme Court in Duran v. U.S. Bank National Association clarified employers’ rights in defending against employee misclassification class action cases. The Court held that in defending against such claims, employers must be permitted to present relevant defenses, even if such defenses involve individual issues. The Court’s analysis should have… Continue Reading

9th Circuit to Review Order Granting Class Certification of “Suitable Seating” Suit Against Wal-Mart

Posted in Labor Law, Wage & Hour

“Suitable seating” class actions have been on the rise in the last couple of years in California. The first “suitable seating” class action is currently under review by a trial judge in San Francisco. However, in the meantime, the Ninth Circuit has decided to consider a related case against Wal-Mart, where plaintiffs’ attorneys are claiming… Continue Reading