News & Analysis as of

Wage and Hour Class Action Discovery

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

CDF Labor Law LLP

Allison v. Dignity Health Provides Roadmap For Employers To Defeat Class Action Claims

CDF Labor Law LLP on

The First District Court of Appeal’s recently published decision, Allison v. Dignity Health, is a win for employers holding that broad reliance on time-clock data and expert surveys is insufficient to sustain class-wide...more

Seyfarth Shaw LLP

Eastern District of Virginia Judge Rejects Two-Step Conditional Certification Process for FLSA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what could become a trend, Judge T.S. Ellis, III recently broke with other courts in the Eastern District of Virginia when he rejected the two-step conditional certification process commonly used in FLSA...more

Jackson Walker

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

Jackson Walker on

Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more

Proskauer - California Employment Law

Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!

For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more

American Conference Institute (ACI)

[Event] Wage & Hour Claims and Class Actions Forum – Practical & Strategic Guidance for Employment and Labor Law Attorneys – June...

ACI’s 32nd Annual Forum on Wage and Hour Claims & Class Actions is regarded as the premier, flagship event for employment law practitioners across the country. For the last three decades, senior government officials, judges,...more

Holland & Knight LLP

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Holland & Knight LLP on

On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Parker Poe Adams & Bernstein LLP

Workplace Communications Policy Can Limit Later Discovery Burdens

Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more

Payne & Fears

Key California Employment Law Cases: July 2017

Payne & Fears on

This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

Mintz - Employment Viewpoints

Another Chapter in California’s PAGA Saga

Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more

Orrick - Employment Law and Litigation

California Supreme Court Expands PAGA Plaintiffs’ Access to Statewide Discovery of Employee Contact Information

On July 13, 2017, the California Supreme Court greatly expanded the scope of discovery available under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”). In Williams v. Superior Court (Marshalls of CA,...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Reaffirms Broad Right to Discovery in PAGA Actions

The California Supreme Court issued its long awaited ruling in Williams v. Superior Court, in which it clarified the scope of discovery in actions brought under the Private Attorneys General Act of 2004, Labor Code § 2698 et...more

Fisher Phillips

Employers Litigating PAGA Actions Take Hit From California Supreme Court

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In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

McGuireWoods LLP

E-Discovery Update: Working 9 to 5 and Proving It

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Class action lawsuits under the Fair Labor Standards Act (FLSA) involve unique discovery issues. Plaintiffs in these suits often propound burdensome discovery requests seeking login and logoff records from numerous...more

Davis Wright Tremaine LLP

California Supreme Court to Decide Whether (And When) PAGA Plaintiffs Can Compel Discovery of Other Employees’ Contact Information

The California Supreme Court has granted review of the appellate court decision in Williams v. Superior Court to answer the following question: Is the plaintiff in a representative action under the Private Attorneys General...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Orrick - Employment Law and Litigation

California Supreme Court May Limit The Scope Of PAGA Plaintiffs’ Access to Statewide Discovery

The California Supreme Court is poised to clarify what limits may apply to burdensome discovery demands in litigation under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”), which allows employees to...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

FordHarrison

California Court Ruling Pulls the Spurs Off PAGA Deputies' Boots

FordHarrison on

A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab....more

Carlton Fields

Magistrate Permits Defendants to Depose 196 Absent Class Members

Carlton Fields on

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent...more

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