Tag Archives: Class Action

Tackling Depositions in Wage and Hour Misclassification Suits

Misclassification
This article discusses how to prepare for and take a plaintiff’s deposition in wage and hour exemption misclassification cases. It also discusses how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases. This article addresses the following steps and strategies: Step 1:Identify the Objectives of the Plaintiff’s Deposition; … Continue reading this entry

California Changes the Rules for Calculating Overtime on Employee Bonuses

Off-the-clock
The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the same California Supreme Court declared it void over 20 years ago.… Continue reading this entry

Class Action Waivers in Arbitration Agreements: Proceed with Caution

Class action waivers in arbitration agreements exist in a legal gray zone, with the federal appellate courts split on their enforceability. Many employers believe that by forcing employees who sue them to do so only individually, they can avoid the prospect of very large judgements. The Ninth Circuit and Seventh Circuit have held that class action waivers … Continue reading this entry

Got Arbitration Agreements With Class Waivers? The Fight May Not Be Over

Since the United States Supreme Court upheld the validity of class action waivers in commercial consumer arbitration agreements several years ago, many employers have found arbitration agreements with class action waivers a valuable tool to protect against the tide of class action litigation. In addition to avoiding the risk of a runaway jury award, these … Continue reading this entry

Supreme Court Says “Wait a Minute!” to Using Arbitration to Prevent Class Action Claims

In the past couple of years, the United States Supreme Court has issued several arbitration decisions that many have thought might spell the roadmap for avoiding the wave of class action litigation brought against employers. Specifically, in Stolt-Nielsen v. Animal Feeds International, the Court ruled that arbitration could not be conducted on a class action … Continue reading this entry

Can “Mooting” a Class or Collective Action Be a Sound Defense Strategy?

Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit. If a plaintiff is offered such a settlement and rejects it, and thereafter wins either the same or less than the amount contained in the offer … Continue reading this entry