employment class actions Archives - Stoll Berne | Attorneys | Class-Action, Securities, IP, Real Estate, Business Litigation

U.S. District Judge Edward M. Chen, from the Northern District of California, rejected Uber’s motion to dismiss a driver’s suit alleging he was misclassified as an independent contractor and shorted on wages under a new California law. It remains to be seen how many drivers in the putative class are covered by Uber’s arbitration agreement.

Judge Chen kept alive most of the driver’s claims in light of Assembly Bill 5, which was signed into law in September and was set to take effect Jan. 1, 2020, which codified the so-called ABC test that the California Supreme Court adopted in its April 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles. The decision imposed a stricter three-pronged test on employers looking to classify workers as independent contractors, who have fewer workplace protections than employees.

The case is Colopy v. Uber Technologies Inc., case number 3:19-cv-06462, in the U.S. District Court for the Northern District of California.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

A golf club once called “America’s snootiest” doesn’t pay its caddies proper wages for their work, according to a proposed class action complaint. The named plaintiff, a caddy, alleges that the Long Island Golf Club, National Golf Links of America, only paid the caddies for the time they spent actually carrying bags even though he worked as many as 70 hours in a given week. Besides carrying golf bags, they were also expected to do other tasks, including cleaning and folding towels, vacuuming the locker room, cleaning toilets, and washing golf carts, according to the complaint. The complaint also alleged that If they showed up to the course and no golfers hired them, they weren’t paid at all.

The prestigious golf course requires its members to walk the links rather than use golf carts, which necessitates caddies to help carry clubs and maintain the course.

The complaint claims the National’s behavior violates the spread of hours pay rule in New York, which says that employees who work more than 10 hours in a given day are required to be paid for an extra hour based on the minimum wage in Suffolk County. The caddies aren’t paid any fixed wages at all, according to the suit. According to the complaint, the National classifies their caddies as neither employee nor independent contractor

The case is Rodriguez v. National Golf Links of America et al., case number 2:19-cv-07052, in the U.S. District Court for the Eastern District of New York.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Sign up to receive Class Actions Blog posts in your inbox!

Sign up to receive Class Actions Blog posts in your inbox!