Employment Class Action

NLRB sues 24 Hour Fitness for seeking to enforce class action ban

The National Labor Relations board announced it is charging 24 Hour Fitness USA Inc. with violating federal law by insisting all employment-related disputes be resolved by individual arbitration.  In a statement issued April 30, the NLRB said the San Ramon, California-based company, which operates fitness centers across the country, requires employees to agree in writing as a condition of employment to forego any rights to collective or class action lawsuits or arbitrations.  This violates the

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Celebrity chef settles class action for $5.25 million

Mario Batali, the celebrity TV chef and owner of a string of restaurants, is often seen with actress, Gwyneth Paltrow, taste testing the culinary delights of Spain in their public television series “On the Road Again.”  Two years ago, Batali was sued in New York federal court in Manhattan, where he was accused of cheating workers of part of their tips for serving wine.  Recently, he and his associate, Joseph Bastianich, agreed to pay $5.25

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Capital One faces Fair Credit Reporting Act class action

On December 6, 2011, an employee of Capital One, filed a class action lawsuit in the United States District Court for the District of Maryland, alleging that Capital One illegally obtains background checks in violation of the Fair Credit Reporting Act.  Plaintiff seeks to represent a class of all Capital One employees and job applicants for the past three years.  Plaintiff Smith accuses Capital One of violating the Act in two ways.

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Oracle Employee Overtime Pay & Meal Allowance Class Action Settlement Preliminarily Approved By Court

A $35 million class action settlement has been reached in a class action lawsuit against Oracle (“Oracle” or “Defendant”) pending in the Superior Court of Alameda County California.  The complaint alleged that Oracle failed to pay overtime and provide off-duty meal periods for certain quality software assurance engineers, customer support engineers and project managers who worked for Oracle in Redwood City and Pleasanton.

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Dukes v. Wal-Mart going state by state

I previously posted several blogs about the Dukes v. Wal-Mart case in which the U.S. Supreme Court said a national sex discrimination case was simply too large, and reversed class certification of a Rule 26(b)(2) injunctive class seeking to recover backpay.  The holding by the Supreme Court was really limited to injunctive class actions. In response to this ruling, the lawyers representing the female employees are now filing regional actions.  A complaint was filed in

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Sex discrimination suit against Ruth’s Chris Steak House amended to be a class action

A sex discrimination lawsuit brought against Ruth’s Chris Steak House by four current and former employees in the Washington D.C. area can proceed as a class action suit.  The United States District Court for the District of Columbia has granted the plaintiffs the right to add class action claims to the lawsuit, first filed against the restaurant chain in October 2010.  D.C.-based employment law firms Mehri & Skalet PLLC and Tycko & Zavareei LLP represent

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Judge approves settlement of overtime class action against JP Morgan Chase

Earlier, I noted on this blog that JP Morgan Chase had asked a New York federal judge on July 14, 2011, to grant final approval to a $42 million settlement resolving a class action challenging the bank’s classification of its residential loan underwriters as exempt from overtime pay requirements.  On October 12, 2011, the court granted the request and gave final approval to the  $42 million settlement. The case had a long history, being filed

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Groupon sued in overtime class action

A group of former employees has filed a class action suit against Groupon over unpaid overtime.  The plaintiffs, known as “deal vetters,” claim that the company failed to pay overtime to employees that worked more than 40 hours a week.  Deal vetters’ responsibilities included reviewing the terms of the transactions between Groupon and the merchants it partnered with. This is the second class action filed against Groupon by former employees recently.  Last month, a group

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Class action filed against Black Swan Film Studio

Two men who worked on the hit movie “Black Swan” have mounted a challenge to the film industry’s widely accepted practice of unpaid internships by filing a lawsuit on Wednesday asserting that the production company had violated minimum wage and overtime laws by hiring dozens of such interns. The lawsuit, filed in federal court in Manhattan, claims that Fox Searchlight Pictures, the producer of “Black Swan,” had the interns do menial work that should have

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Costco: Ninth Circuit remands gender discrimination class action

The Ninth Circuit remanded to the district court the decision of whether the gender discrimination case against Costco could be certified as a class action after the landmark U.S. Supreme Court ruling in Dukes v. Wal-Mart.  The ruling by the Ninth Circuit Court of Appeals is the first major class case to be decided since the Supreme Court’s June decision in Wal-Mart Stores Inc. vs. Betty Dukes et al., where the high court ruled against

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AT&T: Motion to Move Wage & Hour Class Action to Florida denied

On September 12, 2011, a federal judge denied AT&T’s motion to move an at-home call center wage and hour class action lawsuit from California to Florida.  Perry v. AT&T, Case No. C11-01488 is currently pending in the Northern District of California. The class action complaint against AT&T Mobility and Arise Virtual Solutions was filed on March 28, 2011, alleging that the companies misclassified a class of At-Home Call Center employees as independent contractors.

Categories: Employment Class Action, Class Actions of Interest
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Groupon faces employee suit over overtime

A class action has been filed on behalf of hundreds of Groupon sales department employees alleging the company failed to pay overtime.  The suit was filed last month in the Illinois Northern Federal District Court in Chicago. The suit demands back wages for three years plus punitive damages for non-payment of overtime.

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Wal-Mart Judge issues order extending statute of limitations for individual claims

California Federal District Court Judge Charles Breyer issued a tolling order extending the time in which Wal-Mart former employees can file individual claims.  The order eliminates potential confusion that could occur if different judges in different districts had to make decisions regarding the statute of limitations. All former class members who have an EEOC notice to sue shall have until October 28, 2011 to file suit. All former class members who have never filed an

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Former service technician at Reddy Ice Corp. sues for overtime pay

On August 13, 2011, a former service technician of Reddy Ice Corporation filed a putative nationwide collective action lawsuit on behalf of himself and other service technicians across the country.  The lawsuit was filed in the United States District Court for the District of Oregon.  The complaint asserts violations of the Fair Labor Standards Act, alleging that service technicians were not paid proper overtime pay for their overtime hours worked. The plaintiff is represented by

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Cargill settles wage and hour class action

Cargill Meat Solutions Corp. settled a collective action Tuesday in Nebraska brought by current and former plant workers who accused the company of failing to pay them for time spent performing tasks off the production line. U.S. District Judge Richard G. Kopf granted the parties’ joint motion for approval of the settlement, and dismissed the consolidated Fair Labor Standards Act action pursuant to the terms of the deal.

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NELA files class action amicus brief in Rite-Aid class action

The National Employment Lawyers’ Association (“NELA”) filed an amicus brief in the Third Circuit related cases of Knepper v. Rite-Aid (Case No. 11-1684) and Fisher v. Rite-Aid (Case No. 11-1685). Plaintiffs in those cases were employed as Assistant Store Managers and allege that defendant missclassified them as exempt and failed to pay overtime in violation of state law and the Fair Labor Standards Act (“FLSA”). The district court dismissed both cases holding that state class

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JP Morgan Chase settles overtime class action

JP Morgan Chase asked a New York federal judge on July 14, 2011,  to grant final approval to a $42 million settlement resolving a class action challenging the bank’s classification of its loan underwriters as exempt from overtime pay requirements. The financial giant and counsel for the putative class of loan underwriters filed a joint motion seeking final approval for the deal, which won preliminary approval in April, saying that more than 3,000 individuals had

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Dollar Tree stores assistant store managers file wage and hour class action lawsuit

A class action lawsuit has been filed against Dollar Tree Stores, Inc. in the United States District Court for the Northern District of Georgia in Atlanta. The case is entitled Kenneth Smith v. Dollar Tree Stores, Inc. The complaint alleges that current and former non-exempt Dollar Tree Stores Assistant Store Managers are entitled to unpaid overtime wages, unpaid minimum wages and liquidated damages under the Fair Labor Standards Act since they allegedly were required to

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