Justia Class Action Opinion Summaries

Three petitioners sued their former employer and certain of its agents and associates (collectively, “Employer”) asserting minimum wage and overtime claims individually and on behalf of others similarly situated. The district court entered orders compelling individual arbitration of Petitioners’ claims and denying their motions for class certification. Each petitioner signed the same long-form arbitration agreement, which included a clause waiving the right to initiate or participate in class actions. Petitioners sought extraordinary writ relief, contending that Employer’s failure to countersign the long-form agreement made it unenforceable, that the class action waiver violated state and federal law, and, in the case of one petitioner, Employer waived its right to compel arbitration by litigating with him in state and federal court. The Supreme Court denied writ relief, holding that Petitioners’ arguments were unavailing and that the district court did not err in compelling individual arbitration of their claims. View "Tallman v. Eighth Judicial Dist. Court" on Justia Law

Plaintiffs, seeking to represent a class of service technicians, filed suit against his employer, Hobart, and its parent company, ITW, alleging that Hobart did not compensate its technicians for the time they spent commuting in Hobart’s service vehicles from their homes to their job sites and from those job sites back home, and that Hobart failed to provide its technicians with meal and rest breaks. The district court denied the class certification and granted partial summary judgment to defendants. The district court also determined that plaintiff did not comply with the notice requirements of California’s Private Attorneys General Act (PAGA), Cal. Lab. Code 2698 et seq. The court concluded that the district court erred in denying class certification because it evaluated the merits rather than focusing on whether the questions presented - meritorious or not - were common to the class; the district court did not abuse its discretion in concluding that the proposed class failed to meet the requirements of Rule 23(b) because questions as to why service technicians missed their meal and rest breaks would predominate over questions common to the class; in regard to plaintiff's commute-time claim, the court concluded that there was a genuine dispute of material fact as to whether Hobart requires technicians to use its vehicles for their commute; and the district court properly dismissed the PAGA claim because plaintiff's letter is insufficient to allow the Labor and Workforce Development Agency to intelligently assess the seriousness of the alleged violations. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Alcantar v. Hobart Service" on Justia Law

Bell alleged that her former employer, PNC Bank, failed to pay her overtime wages in violation of the Fair Labor Standards Act, 29 U.S.C. 201, and the Illinois Minimum Wage and Wage Payment and Collection Acts, and that the failure was not an isolated incident, but rather part of a PNC policy or practice that affected other employees. Bell claimed that she was evaluated, in part, based on how many new accounts she brought into the bank, and in order to generate new accounts she needed to spend “significant” time outside of her regular work hours visiting prospective clients. Some of the assignments to visit prospective clients came from a PNC vice president who did not work at the Bell’ branch. According to Bell, when she submitted time cards reflecting overtime work, her branch manager and a PNC regional manager told her that “PNC would not permit... overtime for the branch,” and “PNC expected its employees to handle their outside-the-branch work on their own time, without reporting any extra hours that they worked.” The Seventh Circuit affirmed certification of a class of plaintiffs. Many issues remain unanswered and the district court was correct to conclude that a class action would be an appropriate and efficient pathway to resolution. View "Bell v. PNC Bank" on Justia Law

In 2000 and 2002 the FDA issued warnings to Caraco, a Michigan pharmaceutical manufacturer, stating that failure to correct violations promptly could result in enforcement action without further notice. After follow-ups in 2005, the FDA sought a definitive timeline for corrective actions. The FDA issued notices of objectionable conditions in 2006, 2007, and 2008. A consultant audited Caraco’s facilities and stated that it was “likely that FDA will initiate some form of seizure action.” Caraco executives thought the consultant “alarmist.” Later, the FDA issued a formal warning, determining that Caraco products were adulterated and that its manufacturing, processing, and holding policies did not conform to regulations and noting its poor compliance history. The letter stated that failure to promptly correct the violations could result in legal action without further notice, including seizure. A new consultant warned of likely enforcement action. Caraco followed some of its suggestions. In 2009, Caraco issued a nationwide drug recall, constituting “a situation in which there is a reasonable probability that the use of, or exposure to, a violative product will cause serious adverse health consequences or death.” The FDA filed a complaint, served Caraco, and seized products. Days later, Caraco began a mass layoff, indicating that it did not “reasonably foresee" the FDA action. A certified class of former Caraco employees alleged that Caraco violated the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. 2101, by failing to provide 60 days notice. The Sixth Circuit affirmed that the FDA action was not an unforeseeable business circumstance that would excuse WARN Act compliance. View "Calloway v. Caraco Pharma. Lab., Ltd." on Justia Law

Plaintiffs Michael Parnow, Shawn Lisenby, Bob Andrade, Gabriel Bautista, and Saiyaz Abdul filed a class action against Universal Protection Service, LP and Universal Services of America, Inc. (collectively, UPS). Plaintiffs worked as armed security guards at the Yolo County Superior Court, under the employ of UPS. As part of their job, they have to provide equipment, such as guns, handcuffs, and radios, and have to pay the costs to maintain their certification to work as armed guards, but they are not reimbursed for equipment or training costs. When they filed an administrative complaint, they were all fired except plaintiff Lisenby, and none were paid their wages. The trial court granted a stipulated stay, pending the outcome of a then-pending case in the California Supreme Court. After the Supreme Court issued its decision, plaintiffs filed an amended complaint as a “representative action” under the Private Attorneys General Act of 2004 (PAGA) and also petitioned to compel class-wide arbitration. The agreement listed a number of disputes that were covered, including “any state or local statutes and ordinances relating to wage and hour or wage payment matters.” It excluded employees covered by collective bargaining agreements, and disputes involving workers compensation and unemployment insurance. UPS answered with a general denial, coupled with various affirmative defenses, including that the class action claims were barred by the arbitration agreement. UPS also filed a cross-complaint seeking a declaration that: (1) the trial court, not the arbitrator, should decide whether class action relief was barred by the arbitration agreement; and (2) that the arbitration agreement barred class actions. After plaintiffs answered the cross-complaint, UPS moved to compel individual arbitration and stay the proceedings. Plaintiffs opposed the motion, in part arguing that under American Arbitration Association (AAA) Rules, whether class arbitrations were permitted was a matter for the arbitrator to decide. Plaintiffs obtained judicial notice of the AAA Rules. The trial court denied the motion to compel individual arbitration, and stayed the suit pending the arbitration. UPS petitioned for a writ of mandate, seeking to set aside the order compelling it to submit to arbitration. Upon review, the Court of Appeal concluded that the agreements’ incorporation by reference of the AAA Rules vested the arbitrator with the power to decide the disputed issue. The alternative writ was discharged, the stay (issued previously) was vacated, and the petition for mandate was denied. View "Universal Protection Service v. Super. Ct." on Justia Law

Plaintiffs were laborers who worked on the construction and rehabilitation of two multi-family housing projects. Plaintiffs filed this wage and hour action and moved for certification of a proposed class including all laborers, tradesmen, and craftsmen who worked for Monfric, Inc., the general contractor, or its subcontractors and who were not paid prevailing wages during the construction and rehabilitation of the housing projects. The district court denied Plaintiffs’ motion for class certification, concluding that Plaintiffs failed to demonstrate numerosity of the proposed class. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it concluded that Plaintiffs failed to establish that their proposed class was so numerous as to make joinder of its remaining members in a single action impracticable. View "Morrow v. Monfric" on Justia Law

Wal-Mart is the country’s largest private employer, operating approximately 3,400 stores and employing more than one million people. In 2001, named plaintiffs filed a putative class action (Dukes) under Title VII of the Civil Rights Act, on behalf of all former and current female Wal-Mart employees. In 2011 the Supreme Court reversed certification of the nationwide class of current Wal-Mart employees under Rule 23(b)(2), finding that the plaintiffs did not demonstrate questions of law or fact common to the class. The district court then held that all class members who possessed right-to-sue letters from the EEOC could file suit on or before October 28, 2011. Six unnamed Dukes class members filed suit, alleging individual and putative class claims under Rule 23(b)(2) and Rule 23(b)(3) on behalf of current and former female employees in Wal-Mart Region 43. . The district court dismissed the claims as time-barred. The Sixth Circuit reversed. The timely filing of a class-action complaint commences suit and tolls the statute of limitations for all members of the putative class who would have been parties had the suit been permitted to continue as a class action; the suit is not barred by the earlier litigation. View "Phipps v. Wal-Mart Stores, Inc." on Justia Law

Plaintiffs, hired as unpaid interns on the Fox Searchlight-distributed film "Black Swan," claimed compensation as employees under the Fair Labor Standards Act, 29 U.S.C. 201 et seq., and New York Labor Law. The district court granted plaintiff Glatt and Footman's motion for partial summary judgment, certified plaintiff Antalik's New York class, and conditionally certified Antalik's nationwide collective. The court agreed with defendants that the proper question is whether the intern or the employer is the primary beneficiary of the relationship, and the court proposed a list of non‐exhaustive factors to aid courts in answering that question. Because the district court limited its review to the six factors in DOL’s Intern Fact Sheet, the court remanded for the district court to permit the parties to submit additional evidence. Even if Antalik established that Fox had a policy of replacing paid employees with unpaid interns, it would not necessarily mean that every Fox intern was likely to prevail on her claim that she was an FLSA employee under the primary beneficiary test, the most important issue in each case. Assuming some questions may be answered with generalized proof, they are not more substantial than the questions requiring individualized proof. Because the most important question in this litigation cannot be answered with generalized proof, the court vacated the district court’s order certifying Antalik’s proposed class and remanded for further proceedings consistent with this opinion. Finally, for substantially the same reasons as with respect to Antalik’s Rule 23 motion, the court vacated the district court’s order conditionally certifying Antalik’s proposed nationwide collective action and remanded for further proceedings. View "Glatt v. Fox Searchlight Pictures" on Justia Law

Plaintiffs appealed from an order denying certification of a class of approximately 26,000 nonexempt California current and former employees of Chipotle regarding what plaintiffs allege, among other things, is Chipotle‘s policy to require employees to purchase slip-resistant shoes from a vendor, Shoes for Crews, in order to work at Chipotle‘s restaurants. The court concluded that the trial court‘s order denying plaintiffs‘ class certification motion and granting Chipotle‘s motion to deny class certification is a nonappealable order because the Labor Code Private Attorneys General Act of 2004, Lab. Code, 2698 et seq., claims remain in the trial court and the "death knell" doctrine does not apply under these circumstances. Accordingly, the court dismissed the appeal. View "Munoz v. Chipotle Mexican Grill, Inc." on Justia Law

Plaintiffs were registered nurses, licensed practical nurses, and certified nursing assistants who worked for the Arkansas Department of Veterans Affairs (ADVA) as hourly employees. Plaintiffs brought this action alleging violations of the Arkansas Minimum Wage Act for failing to pay them for all overtime hours worked. Plaintiffs sought class certification. After a hearing, the circuit court granted class certification. ADVA appealed, arguing that the circuit court abused its discretion in certifying the class. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in its findings regarding the requirements of commonality, predominance, and superiority. View "Ark. Dep't of Veterans Affairs v. Okeke" on Justia Law