Tag Archives: Wal-Mart Stores

$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed

In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184. The Ninth … Continue Reading

Comcast Does Not Foreclose Certification Of Liability Only Class Under Rule 23(c)(4) Where Individualized Proof of Damages Overwhelms Common Questions, Says S.D.N.Y.

In, perhaps, the most important wage and hour class action post-Comcast, the District Court for the Southern District of New York (Judge J. Paul Oetken) granted in part and denied in part a pharmacy chain’s motion for reconsideration of the court’s previous order certifying a class of assistant store managers’ (“ASMs”) state law overtime claims, … Continue Reading

FLSA Class Decertified; Motion for Class Certification Under Rule 23 Denied Too

The U.S. District Court for the Western District of New York decertified a collective action under the Fair Labor Standards Act and denied the plaintiff’s motion for class certification of the state law claims under Rule 23.  Tracy v. NVR, Inc. (W.D.N.Y. 4.29.13).  Plaintiffs alleged that the national home-builder misclassified them as non-exempt sales and marketing … Continue Reading

District Court Certifies Class under Rule 23; Dukes cited; Behrend not mentioned

Following  the granting of conditional certification under FLSA 216(b) in July 2012, the U.S. District Court for the Southern District of New York (Judge Andrew L. Carter, Jr.) granted the plaintiffs’ motion to certify a class of umpires who alleged that the United States Tennis Association’s (USTA) improperly classified them as “independent contractors” since 2005 in order to avoid paying overtime … Continue Reading

District Court Denies Certification of 23(b)(3) Class; Quotes Language from Comcast Corp. v. Behrend

The U.S. District Court for the Western District of Washington (Judge Richard A. Jones) denied a motion to certify a class of more than 2,000 call-center customer account executives (“CAEs”) under Rule 23(b)(3) holding that individualized issues predominated over common questions.   Ginsburg et. al. v. Comcast Communications Mgmt. LLC, 2013 U.S. Dist. LEXIS 55149 (W.D. Wash. 4.17.13). … Continue Reading
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