Employers doing business in California have seen a barrage of class actions and representative claims for various alleged wage and hour Labor Code violations.
Since 2011, a 5-4 majority of the Supreme Court has made class actions harder to bring and tougher to sustain.
Individual Arbitration Clauses Protect Corporations at the Expense of Employees and Consumers’ Rights
A recent investigative article by the New York Times reveals alarming facts about many contracts that consumers are forced to sign every day that essentially abolish their rights to fight against unfair and deceitful business practices.
When Transparency is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act
Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their suppliers comply with human rights standards.
Retailers have been under siege, particularly in California, by putative class actions involving allegations of “false or misleading” advertising practices.
Court Orders Plaintiffs to Pay Defendants’ $13.3 Million Appellate Costs in Lawrence E. Jaffe Pension Plan V. Household International
Recently, in Lawrence E. Jaffe Pension Plan v. Household International, Inc., the United States District Court for the Northern District of Illinois granted the defendants’ Rule 39 motion for appellate costs and ordered the plaintiffs to pay a total of $13,281,282.
Apple Bags a Big Win: District Court Grants Summary Judgment Against Class in Employee Bag Check Litigation
In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that store employees spent waiting for and undergoing security bag checks when leaving the stores was not compensable time under the California Labor Code because the employees could avoid the bag checks by not bringing a bag to work.
As we have discussed before, the public policy rationales for enforcing arbitration agreements are arguably at odds with the policy rationales underpinning the class actions regime.
Court Grants Summary Judgment for Employer in Apple Class Action Seeking Pay for Time Spent in Security Checks
Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an Amazon.com warehouse were not entitled to overtime pay for time they spent in exit security checks designed to ensure that they were not taking company product with them.
On November 11, the Supreme Court heard argument in a case that many people thought a majority of justices would use to make aggregate treatment of claims for damages all but impossible to achieve.