Tag Archives: class action

Uber’s $100 Million Settlement Gets Wrecked

In a 35 page Order [PDF] issued on Thursday, August 18, Judge Edward M. Chen dealt a surprising blow in O’Connor v. Uber Technologies, Inc.:  he denied preliminary approval for a $100 million settlement.  In no uncertain terms, Judge Chen said the current terms of the settlement are “not fair, adequate, and reasonable.”  In the … Continue Reading

Driving Uber Crazy: Worker Class Action Lawsuits Ramp Up

Since it was launched back in 2009, Uber Technologies, Inc. has been in the national spotlight for developing and implementing its revolutionary “ridesharing” mobile application. Uber continues to appear in headlines for a multitude of reasons, many of which are desirable, and at least one of which is not: getting sued by its workforce. Despite … Continue Reading

NLRB Not Waffling on Pre-employment Class-Action Waivers Despite Fifth Circuit Reversals

Nearly two years after Waffle House Inc. employee Carrie Harris filed an unfair labor practices charge, the Georgia-based breakfast chain was unable to butter up the National Labor Relations Board (NLRB). Harris’ complaint alleged that Waffle House’s arbitration agreement that employees were required to execute as a condition of their employment violated the National Labor … Continue Reading

Unpaid Intern or Employee? Recent Decision Announces New Test for Intern Misclassification Cases

Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in recent years by the Department of Labor, the Internal Revenue Service, and other regulatory agencies, as well been the subject of a number of high-profile lawsuits. … Continue Reading

NLRB’s Isolated Position on Class and Collective Action Waivers Takes Another Hit

Fifth Circuit Rejects NLRB’s En Banc Hearing Request, Setting Up Likely Denial of Enforcement in Murphy Oil, USA  In its 2012 decision in D.R. Horton, Inc., the National Labor Relations Board (NLRB) held that employers that require employees to agree to arbitrate employment-related claims, and to do so only on an individual basis, waiving the … Continue Reading

Class Actions Threaten “On-Demand” Industry—Uber and Lyft in Glare of Unwelcome Spotlight

The explosion in the development of smartphone applications has allowed for all sorts of new businesses to pop up—personal shoppers (Instacart), restaurant delivery (GrubHub) and private chauffeurs (Uber and Lyft).  We, as consumers, now have instant access to goods and services we didn’t even know we needed.  This new boom has even earned its own … Continue Reading

United States Supreme Court Declines to Review California Supreme Court Decision Erecting Barriers Against Arbitrating Private Attorneys General Act Claims

On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading

Employees of New York City Strip Club Dance Off With $10M

On November 14, 2014, a New York federal judge awarded [pdf] over $10 million in back pay wages to about 2,000 current and former exotic dancers in a class action lawsuit brought against Rick’s Cabaret for unpaid wages from 2005-2012.  This recent order awarding damages to the dancers is a furtherance of the Court’s September … Continue Reading

Ninth Circuit Says Plaintiffs Now Have to Plead Specific Facts Supporting FLSA Claims to Avoid Dismissal

On November 12, 2014, the Ninth Circuit addressed an issue of first impression regarding the pleading specificity required to bring an action for unpaid minimum wages and overtime wages under the Fair Labor Standards Act (“FLSA”) in Landers v. Quality Communications, Inc. [pdf] This opinion is important because many employers served with FLSA collective actions … Continue Reading

D.R. Horton – The Sequel: NLRB Finds Collective Action Waiver in Arbitration Agreement Unenforceable, Rejects Circuit Court Precedent on the Issue

A three-member majority of the National Labor Relations Board on October 28 reaffirmed employees’ right to bring class and collective action claims [pdf].  In a case against Murphy Oil USA, the Board stood by its earlier decision in D.R. Horton, Inc. [pdf] in which it ruled that requiring employees to waive their right to bring class and … Continue Reading

US Appeals Court Says Collective Action Waiver in Separation Agreement Unenforceable As Improper Limit on FLSA Rights

As we’ve reported here and here, recent decisions from the US Supreme Court, federal appellate courts, and more recently, even the California Supreme Court (see here) have clarified that class and collective action waivers in arbitration agreements, including those that waive employees’ right to bring a claim under the federal Fair Labor Standards Act (FLSA) … Continue Reading

US California Supreme Court Says Class Action Waivers in Arbitration Agreements Okay, but No Waiver of Private Attorneys General Act Claims

In a long-awaited decision that employers hoped would clarify the enforceability of arbitration agreements under California law, the California Supreme Court in Iskanian v. CLS Transportation [PDF] split on the two issues before it.  The California high court held that class action waivers in arbitration agreements are enforceable but that waivers of claims under the … Continue Reading

Fifth Circuit Overrules Key Portion of recent NLRB Decision – Arbitration Agreements Containing Class Action Waivers Held Enforceable

In a highly anticipated decision, the Fifth Circuit Court of Appeals declined to enforce the key portion of the National Labor Relations Board’s (NLRB) decision in D.R. Horton, Inc.  In January 2012, the NLRB ruled that an arbitration agreement between an employer and an employee that required the employee to bring any claims against the … Continue Reading

Supreme Court Declines to Decide Whether Offers of Judgment to Named Plaintiffs Can Moot A Wage and Hour Collective Action

Yesterday, the United States Supreme Court had the opportunity to address a split in the circuits regarding whether or not a Rule 68 offer of judgment to a named plaintiff in a FLSA collective action mooted a potential collective action.  In Genesis Healthcare Corp., et al. v. Symczyk [pdf], the Supreme Court held that because … Continue Reading

Rigorous Analysis Required For Class Certifications

Recently, the Supreme Court reinforced that in class action litigation, the courts must undertake a rigorous analysis of the Federal Rule’s prerequisites in certifying a class of litigants.    As previously reported here, the Supreme Court addressed this issue in Wal-Mart Stores, Inc. v. Dukes in 2011.  In Dukes, the Supreme Court noted that trial courts … Continue Reading
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