- Page 1: Litigating California Wage & Hour a
- Page 5 and 6: A. Disclosure of Class Member Names
- Page 7 and 8: associated statutory penalties. 1 T
- Page 9 and 10: who does not meet the threshold com
- Page 11 and 12: exempt work is of a kind which in e
- Page 13 and 14: 3) The employee performs his or her
- Page 15 and 16: decisions have concluded that under
- Page 17 and 18: Bell court to look beyond the Wage
- Page 19 and 20: place of business, would that quali
- Page 21 and 22: IWC had the authority to promulgate
- Page 23 and 24: stores” by providing them a porti
- Page 25 and 26: declare such a system illegal witho
- Page 27 and 28: employers should be able to defend
- Page 29 and 30: waive the right to reimbursement, s
- Page 31 and 32: Due to the ambiguity in the meaning
- Page 33 and 34: For each workday the employer fails
- Page 35 and 36: Arguably, no additional $100-per-pa
- Page 37 and 38: permitted” the employee to work t
- Page 39 and 40: federal decisions also held that an
- Page 41 and 42: for all overtime hours worked. The
- Page 43 and 44: much broader, such as the court’s
- Page 45 and 46: In the appeal of Chau, the appellat
- Page 47 and 48: years before the lawsuit, or for an
- Page 49 and 50: imposition of penalties, 194 routin
- Page 51 and 52: In one such class action, Elliot v.
- Page 53 and 54:
First, there has been a substantial
- Page 55 and 56:
Recent court decisions have begun t
- Page 57 and 58:
of her hours was paid at a rate of
- Page 59 and 60:
the limitations period for a penalt
- Page 61 and 62:
passage, then the employee could st
- Page 63 and 64:
all, but rather simply to proceed w
- Page 65 and 66:
Shortly thereafter, another Divisio
- Page 67 and 68:
and the ability to bring a collecti
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XIII. Class Action Fairness Act of
- Page 71 and 72:
the plaintiff is “master of her c
- Page 73 and 74:
alleged conduct or any related cond
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Initially, the decisions were split
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XIV. Class Certification A. General
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expectations and the realistic requ
- Page 81 and 82:
In the immediate wake of Sav-On, th
- Page 83 and 84:
Similarly, employers may argue that
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A 5 to 4 ruling reversed the Ninth
- Page 87 and 88:
facility to the next, or variations
- Page 89 and 90:
employer’s defense arsenal, and t
- Page 91 and 92:
In reaching this conclusion, the Co
- Page 93 and 94:
party who seeks the same relief, pr
- Page 95 and 96:
is to be so maintained.” This det
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speech. 429 Therefore, the court he
- Page 99 and 100:
Puerto, or Crab Addison cases would
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epresentative. That question was an
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CashCall to disclose the identities
- Page 105 and 106:
nothing but still are bound by the
- Page 107 and 108:
Initially, there appeared to be a v
- Page 109 and 110:
the case. As any one of these class
- Page 111 and 112:
have any great impact on class sett
- Page 113 and 114:
plaintiff’s attorney and putative
- Page 115 and 116:
the California Supreme Court issued
- Page 117 and 118:
While California courts have essent
- Page 119 and 120:
The plaintiffs attempted to justify
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