Mia Farber on Class Action

California Supreme Court Holds Employee Retains Standing for Non-Individual PAGA Claims in Court

The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more

7/19/2023 / Arbitration Agreements , CA Supreme Court , Class Action , Private Attorneys General Act (PAGA) , Standing , Uber , Viking River Cruises Inc v Moriana , Wage and Hour

Class Action Trends Report Winter 2023

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Class Action Trends Report Fall 2022

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

10/21/2022 / Centers for Medicare & Medicaid Services (CMS) , Class Action , Coronavirus/COVID-19 , Corporate Counsel , Disability Discrimination , Employer Mandates , Equal Employment Opportunity Commission (EEOC) , Executive Orders , GINA , Health Insurance Portability and Accountability Act (HIPAA) , OSHA , Premium Pay , Private Attorneys General Act (PAGA) , Religious Discrimination , Remote Working , Vaccinations , Wage and Hour , WARN Act

Class Action Trends Report June 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

U.S. Supreme Court Deals Blow to California’s Private Attorneys General Act

Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held....more

6/16/2022 / Arbitration Agreements , California , Class Action , Federal Arbitration Act , Labor & Workforce Development Agency (LWDA) , Private Attorneys General Act (PAGA) , SCOTUS , Viking River Cruises

FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more

6/8/2022 / Arbitration Agreements , Class Action , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Interstate Commerce , Over-Time , SCOTUS , Southwest Airlines , Supervisors , Transportation Industry , Wage and Hour

North Carolina Federal Court Holds It Lacks Jurisdiction Over Claims Of Out-Of-State Opt-Ins

In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over...more

4/27/2022 / Bristol-Myers Squibb , Class Action , Class Certification , Collective Actions , Fair Labor Standards Act (FLSA) , Federal Rules of Civil Procedure , Jurisdiction , North Carolina , Opt-In

Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements

Absent class members in state-court class actions cannot pursue individual claims in federal court when the class has entered into a settlement releasing all such claims and a state court has entered final judgment approving...more

3/29/2022 / Business Expenses , Claim Preclusion , Class Action , Full Faith and Credit Clause , Rest and Meal Break , Settlement , Termination , Traveling Employee , Wage and Hour

Class Action Trends Report Winter 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Ask A Litigator: What Do Employers Need to Know About PAGA?

The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments...more

2/8/2022 / Audits , Class Action , Corporate Counsel , Employer Liability Issues , Labor & Workforce Development Agency (LWDA) , Labor Code , Policies and Procedures , Private Attorneys General Act (PAGA) , Wage and Hour , Wage Statements

U.S. Supreme Court to Review California Representative Action Waivers in Arbitration Agreements

The U.S. Supreme Court has agreed to consider whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement mandating that claims be brought on an individual basis and that employees may...more

12/20/2021 / Arbitration Agreements , Bilateral Agreements , Class Action , Epic Systems Corp v Lewis , Federal Arbitration Act , Private Attorneys General Act (PAGA) , SCOTUS

Build Back Better Act Update: Class Waiver Provisions Gone, Penalty Increases Remain

The Senate Committee on Health, Education, Labor, and Pensions has released its version of the Build Back Better bill and it does not contain the provision regarding class or collective action waivers in the version passed by...more

12/14/2021 / Arbitration Agreements , Class Action , Collective Actions , Fair Labor Standards Act (FLSA) , Independent Contractors , NLRA , Senate Committees

Build Back Better Act Threatens Class and Collective Action Waivers

The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more

11/29/2021 / Arbitration , Chamber of Commerce , Class Action , Collective Actions , Epic Systems Corp v Lewis , Federal Arbitration Act , NLRA , Retaliation , Waivers

Class Action Trends Report, Fall 2021

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

California Court Of Appeal Holds Courts Have Authority To Ensure That PAGA Claims Are Manageable

While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA...more

9/16/2021 / Appellate Courts , California , Class Action , Private Attorneys General Act (PAGA)

$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed

In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage...more

6/14/2021 / Bonuses , Class Action , Corporate Counsel , Labor Code , Private Attorneys General Act (PAGA) , Rest and Meal Break , Standing , Wage and Hour , Wage Statements , Wal-Mart

Class Action Trends Report Spring 2021

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Class Action Trends Report Winter 2021

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more