Class Action

28 Apr Express Language in Agreement Required for Arbitration of Class Actions

Posted at 10:47h in Class Action

On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela held that judges may compel class action arbitration only where the parties have expressly agreed to do so in their arbitration agreement. Reversing a decision of the Ninth Circuit Court of...

02 Apr Trial Court May Not Split PAGA Claim and Send Individual Wage Claims to Arbitration

Posted at 09:49h in Class Action

On March 28, 2019, a court of appeal in Zakaryan v. The Men's Warehouse, Inc. affirmed a trial court’s order denying the employer’s motion to compel arbitration of a lawsuit alleging a violation the Private Attorneys General Act of 2004 (PAGA). A former manager of...

25 Mar Transportation Worker May Proceed in Court with Wage and Hour Class Action Lawsuit Despite Agreement to Arbitrate Claims

Posted at 09:51h in Class Action

On March 22, 2019, a California court of appeal published its decision in Nieto v. Fresno Beverage Company, Inc., affirming a trial court’s order denying an employer’s petition to compel arbitration. The plaintiff, a delivery truck driver, filed a class action lawsuit in court alleging...

18 Mar Trial Judge Must Address Whether Employer’s Wage Policies Were Sufficiently Uniform to Permit Class Certification

Posted at 09:10h in Class Action

On March 12, 2019, the court of appeal published its decision in Myers v. Raley’s that reversed a trial court’s order denying class certification in a wage and hour case because the trial court failed to “provide the reasons for its ultimate finding.” The maintenance...

11 Mar Employee’s Refusal to Share PAGA Penalties with Aggrieved Employees Results in Dismissal of Lawsuit

Posted at 09:37h in Class Action, Employment Law

On February 27, 2019, a California court of appeal published its decision in Moorer v. Noble L.A. Events Inc., affirming a trial court’s order dismissing the plaintiff’s lawsuit that alleged violations of the Labor Code, Wage Order No. 4, and the Private Attorneys General Act...

04 Mar PAGA Claim Will Not be Compelled to Arbitration

Posted at 10:29h in Class Action

On February 25, 2019, a California court of appeal in Correia v. NB Baker Electric, Inc. affirmed a trial court’s order denying an employer’s petition to compel arbitration of a claim brought under the Private Attorney General Act of 2004 (PAGA). The trial court had...

15 Jan Parties May Agree That an Arbitrator, Not a Judge, Will Decide if Their Dispute is Arbitrable

Posted at 08:25h in Class Action

On January 8, 2019, a unanimous United States Supreme Court held in Schein v. Archer & White Sales that the parties to an arbitration agreement may agree to have an arbitrator decide “gateway questions of arbitrability,” as well as the merits of a particular dispute. The...

24 Dec Employer’s Meal Period Policy That Does Not Comply With California Law Results in Liability Under PAGA

Posted at 11:40h in Class Action, Employment Law

A decision published by a California court of appeal on December 19, 2008 in Carrington v. Starbucks Corp. again demonstrates how critical it is that employers have a well-written meal period policy in place that conforms to the law. A barista who worked at Starbucks...