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Class Action

 

  • 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.

 

  • 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.

 

  • 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.

  • 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.

 

  • 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.

  • 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.

  • 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.