Class Action
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Class action by current and former nonexempt workers alleging that their employer, a commercial and industrial insulation business, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engagement in unfair business practices. Employer denied these claims and moved to compel arbitration under the collective bargaining agreements (CBA). The trial court held the CBA did not clearly waive the judicial forum and the arbitration provisions were unconscionable. Defendant appealed. Resolved by mediator’s proposal.
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Two class actions by current and former nonexempt workers alleging that their employer, a retail service agency, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engaged in unfair business practices. Employer denied these allegations, claiming that it had complied with all wage-and-hour statutes. Resolved globally by mediator’s proposal.
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Class and PAGA action by all current and former hourly-paid, nonexempt employees alleging that their former employer, a chain of franchise restaurants, engaged in wage-and-hour violations, including failure to pay overtime, meal and rest breaks, waiting time, and wages due, provide accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employer alleged that it had complied with wage-and-hour provisions the vast majority of the time, that a plurality of employees entered into arbitration agreements and meal break waivers, and that the restaurants’ liabilities exceed their assets. Resolved by mediator’s proposal.
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Class and PAGA action by all current and former hourly-paid, nonexempt employees alleging that their former employer, a chain of restaurants, engaged in wage-and-hour violations, including failure to pay them overtime, minimum wage, meal and rest periods, waiting time, and wages due upon termination, provide them with accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employer did not respond to these charges, alleging instead that the restaurant continues to be unprofitable post-pandemic, and that its liabilities far exceed its assets. Resolved on follow up by mediator’s proposal.
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Class action by current and former nonexempt workers alleging that their employer, a property management company, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failed to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engaged in unfair business practices. Employer denied these claims and alleged the vast majority of potential class members had agreed to arbitrate such disputes. Resolved by mediator’s proposal.
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Class and PAGA action by parking attendants, valets, and cashiers alleging that their employer, a chain of parking garages, failed to provide them with meal/rest breaks, rounded their meal periods when they were short or late, failed to staff locations with relief attendants, owed them unpaid wages and premium pay, and failed to provide them with accurate itemized wage statements. Employer alleged that employees were instructed to take meal and rest breaks, and that it provided relief attendants in many locations where employees worked alone. Resolved by mediator’s proposal.
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Class and PAGA action by store managers alleging that their employer, a chain of drug stores, misclassified them as exempt employees, failed to pay them overtime, meal and rest periods and wages due upon separation, failed to provide them with accurate itemized wage statements, and engaged in unfair business practices. Employer alleged that store managers were properly classified as exempt employees, that wage-and-hour laws did not apply, that they were subject to binding arbitration, and that their claims were time barred. Resolved following mediation.
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Class action by production employees alleging their employer, a corrugated container manufacturer, failed to pay timely wages, minimum wage and overtime, did not provide meal and rest breaks, failed to provide adequate pay stubs, did not maintain payment records, failed to reimburse for business expenses, and committed unfair business practices. Employer alleged it had complied with wage and hour requirements. The court certified the class on one cause of action. Meanwhile, another member of the class filed a separate class action on the same claims. Resolved globally by mediator's proposal.
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Appeal by consumer challenging the trial court’s denial of class certification in an action against mattress store alleging unfair competition and unfair advertising of its mattress size and price matching offer. Mattress store alleged consumer lacked standing, her claim had no merit, she had kept and enjoyed the mattress she bought, and she had declined a full refund. Resolved by mediator’s proposal.
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Class action in federal court by individuals performing production work alleging the company that retained them had misclassified them as independent contractors, failed to pay timely wages, minimum wage and overtime, failed to provide adequate pay stubs, committed unfair business practices, and violated PAGA. The hiring company alleged the individuals were independent contractors and not employees. Following an initial settlement agreement between those parties subject to court approval, plaintiffs then added a defendant, the company that had originally contracted with the one that retained plaintiffs, alleging joint liability. The contracting company opposed the settlement, alleged it had no involvement in the alleged wrongdoing, and filed a cross-claim against the hiring company for indemnity, contribution, and declaratory relief. The court rejected a good faith settlement determination and struck plaintiff’s class action allegations, ordering the parties back to mediation. Meanwhile, plaintiffs filed another wage and hour class action against the contracting company in state court. Resolved globally by mediator's proposal.
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Class action by 18 to 21-year-old, disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Case litigated for 10 years. Fully resolved by mediator’s proposal.
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Class action by deaf undocumented immigrant with a criminal record and a non-profit organization alleging that the U.S. government and a municipality had discriminated against detainees with hearing impairments by failing to provide American Sign Language interpreters. The detainee alleged she was not accommodated during her five-month incarceration in city jail, where she underwent oral surgery without informed consent and could not communicate readily with her lawyers. The government agencies alleged that their policies and procedures were in compliance with applicable law. Resolved in mediation.
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Class action by weld shop supervisor alleging that his former employer and its successor, both construction companies, discriminated against and harassed him and others similarly situated because of his disability and race, retaliated against him for having complained, failed to investigate his complaints, failed to prevent discrimination and harassment, and violated various wage-and-hour provisions. The former employer had dissolved its business, but its insurance policy was still in effect for the period in question. The successor employer alleged that plaintiff was never its employee. Resolved by mediator’s proposal.
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Class action by personal bankers alleging their employer, a national bank, committed wage and hour violations. The bank alleged it had fulfilled its duty to provide meal periods as a matter of law. Resolved by mediator’s proposal.