It is a truism that complex litigation often becomes a battle of the experts, and this applies with full force to class action employment discrimination cases.
Supreme Court of Canada Decision Regarding Wal-Mart in Québec a Cautionary Case for All Canadian Unionized Employers
Our colleagues in Québec have produced a helpful summary of the recent Supreme Court of Canada decision involving a Wal-Mart in Jonquière, Québec, found to have breached its statutory duties during the freeze period following certification of a bargaining unit.
In Ayala v. Antelope Valley Newspapers, the California Supreme Court held that the proper test for determining whether newspaper carriers could proceed as a class on the issue of their employment status was the employer’s right to control their conduct, not how that right was exercised.
Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers
A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name, resulting in the unsurprising finding that they were employees and not independent contractors.
A seemingly never ending wave of call center class actions has been leveled against employers in recent years. The hallmark of these suits invariably includes allegations of purportedly homogenous “drones” working off-the-clock when they are not helping customers.
Despite Wal-Mart Stores V. Dukes, Court Certifies Hostile Work Environment Class of Current and Former African-American Employees
On July 5, 2014, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois certified a class of current and former African-American employees alleging claims of racial discrimination against Comcast, Inc.
Do nominal damages benefit only class counsel such that nominal damages class actions should be shut down?
Did You Know…California Supreme Court Holds That a Challenge to Independent Contractor Status is Class Certifiable
In Ayala v. Antelope Valley Newspapers the California Supreme Court held that the critical factor in determining whether a worker is an employee or an independent contractor is “the degree of a hirer’s right to control how the end result is achieved.”
California Supreme Court Nixes Certification Denial Ruling Against Newspaper Carriers Classified As Independent Contractors
The California Supreme Court recently held that a trial court needed to revisit its class certification decision regarding newspaper carriers who alleged that they should have been classified as employees rather than independent contractors.