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Judge Decertifies Class Based on Plaintiffs’ Differing Accounts of Their Responsibilities

Those who follow developments in wage and hour class actions know that challenges to the exempt status of assistant managers are quite common.

Hot List – What’s Happening in the California Legislature 4/3-4/7

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week.

Class Action Trends Report Spring 2017

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Supreme Court Hears Argument on Appellate Jurisdiction after Denial of Class Certification

Whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice was the issue before the U.S. Supreme Court on March 21, 2017, when the Court heard oral argument in Microsoft Corporation v. Baker, No. 15-457. If this controversial procedural mechanism is allowed, a named plaintiff would be able to simply agree voluntarily to dismiss his or her claims with prejudice, then appeal the unfavorable judgment against class certification.

Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, but Only After Severance of PAGA Ban

Executive Summary: A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court’s decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision of the agreement was valid and enforceable and any invalid provisions could be severed. See Poublon v. C.H. Robinson Company, (9th Cir. Feb. 24, 2017).

Class Action as Defense: Fifth Circuit Rules Pending Class Action Subsumes Class Member’s Duplicative Individual Claim

Employers facing multiple litigations can take solace in the fact that, sometimes, too much of a bad thing can be helpful. In Ruiz v. Brennan, 16-11061, the Fifth Circuit held that a pending administrative class action subsumed a plaintiff’s attempts to file an arguably duplicative individual claim in a separate action. As a result, the second litigation was dismissed without prejudice.

How Does the Supreme Court’s Remand of the Transgender Discrimination Case Impact Wage-and-Hour Class Actions?

On March 6, 2017, the Supreme Court, in a one-sentence summary disposition, remanded the case of Gloucester County Sch. Bd. v. G.G. to the U.S. Court of Appeals for the Fourth Circuit “for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.”

House Approves Fairness in Class Action Litigation Act

Last night, the House approved the Fairness in Class Action Litigation Act by a vote of 220-201. To review our post last month detailing exactly how this bill would affect class action litigation, click here.

Supreme Court Delays Major Employment Arbitration Class Action

The US Supreme Court has announced it will wait to hear a trio of mandatory arbitration cases in employment until its next term, which does not begin until October. The cases involve three Fair Labor Standards Act disputes involving whether employers can use mandatory arbitration clauses to ban employees from bringing class action lawsuits.

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their workers, most expected a final decision by June 2017. Employers were prepared to spend the next several months with their fingers crossed hoping the decision would fall in their favor, seeking clarity to a topic that has become increasingly muddled over the past year.