Bailey Class Action Daily

Your source of news and discussion of cutting edge class action issues, both in California and Nationwide

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Your source of news and discussion of cutting edge class action issues, both in California and Nationwide
Added: October 11, 2009
Authority: 39.0924
Type: Blog
Language: English
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penalty policy theory overtime nationwide previous industrial chase denial representative permitted rolling kwikset construction wage estoppel april explained courts february rest conduct paid regard request improper cafa affirms finds circuits filed absent fees premise violations cal welfare liu false conclude administrative lexis parties putative nordstrom enforce complaint statutory mart deemed employee meal reasoned timing prior stores judgment 197 roberts charges involving specifically rights compel facts erred employees concludes cardholders allegations permit section failed decision opposed previously component effect consumer violation periods arbitration judge compensation damages floor december mobility declines denied creates oral 512 circuit members alleged premium private dismiss reverses fourth opt exception stated 8th division requirement flsa lawsuit rate southern llc issues mandatory litigation sampling rejected wide seeking october superior failure shift nbsp standing corp aggrieved relating rules communication petitioner provision standards require unpaid relevant addition conseco justice permits policies period liability analysis holds context individualized plaintiff injunctive march attorneys declarations fraud 146139 entitled concepcion baxter noted language testimony rule shifting wal imposed requirements district discussed employer residents precludes reference immoos waived expense zip dukes cajon murphy underlying paga purpose waivers waiver 558 underpaid reversed brought upheld wages labor interest opinions acer express argument duty declaratory establish additional slip stating breaks january ucl trial behalf member claiming workers hour granted 218 opinion unpacking basis orders asserted ninth iwc grounds certifies motion evidence macys armendariz proper certified supreme noting discover provisions conversion denying holding werdegar depot contrary dist citing finding brown cases amp fee notice pending unconscionable claims restaurant impact defendants 226 ensure federal legislature monetary collateral issued arising hypothetical balasanyan questioning exempt employers doctrine violated applicable protection defense appears ins servs legal 131 baileydaily ruling incidental proposition relief communications lab discovery 1194 expressly unenforceable agreement practice valencia damage intended statute california minutes nature plaintiffs brinker simply concluded appeal return claim penalties usb northern concluding certification defendant statutes required aug conclusion standard civil
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Second District Concludes That Issue of Whether a Uniform Policy Exists is Itself a Common Issue Amenable to Class-Wide Adjudication: Jones v. Farmers Ins. Exchange

On November 26, 2013, the Second District (Division 3) ordered publication of its opinion in Jones v. Farmers Ins. Exchange, __ Cal. App. 4th __ (2013) [2013 Cal. App. LEXIS 955], which concluded the trial court erred in denying certification of an u

A Third Court of Appeal Finds the “Death-By-Declarations” Strategy To Defending Wage And Hour Class Actions To Be Reversible Error: Benton v. Telecom Network Specialists

On October 16, 2013, the Second District (Division 7) reversed an order denying certification of meal period, rest period and overtime claims in Benton v. Telecom Network Specialists, __ Cal. App. 4th __ (2013), joining what now appears to be a choru

Ninth Circuit Finds On-Duty Meal Break Exemption Appropriate for Class Adjudication: Abdullah v. U.S. Security Associates, Inc.

On September 27, 2013, the Ninth Circuit issued an opinion in Abdullah v. U.S. Sec. Assocs., __ F.3d __ (2013) [2013 U.S. App. LEXIS 19793], which upheld a district court order certifying a meal period claim on behalf of a class of security guards em



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