class actions

California Legislator Proposes Bill to Clarify And Revise Class Action Procedures

Carlton DiSante & Freudenberger LLP
March 11, 2010 22:16

By Kent Sprinkle After witnessing the birth and maturation of the wage and hour class action industry, now entering its late teens, California employers justifiably wonder whether these enormously costly lawsuits will ever slow down.  The answer is probably no, since the question of whether a...

Another Assistant Manager Case: The Time Bomb Keeps Exploding

March 08, 2010 20:31

Only a few weeks ago, I posted and commented upon the never-dying issue of whether Assistant Managers are exempt under the Fair Labor Standards Act and the threat of collective and class actions from these employees.  That time bomb has gone off again, this time with an Assistant Manager...

Court Upholds Arbitration Agreement; Says Employee Can Waive FLSA Collective Actions

Daniel Schwartz
March 08, 2010 13:13

Employers who have shunned using arbitration agreements for fear that they will be overturned, will want to take a look at a recent federal court decision that upheld an arbitration agreement that had provisions that some would consider very pro-employer. In Pomposi v. GameStop, Inc. (download...

Chamblee Burch on Procedural Adequacy

March 06, 2010 12:00

Professor Elizabeth Chamblee Burch (Florida State University College of Law) has posted "Procedural Adequacy" on SSRN. It will be published in the Texas Law Review. The abstract states: This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation,...

Plaintiff's Bar Seeks To Circumvent Class Action Fairness Act In FLSA Collective Actions

March 01, 2010 20:46

Five years ago, the Class Action Fair Act (“CAFA”) was enacted to deal with the onslaught of class action cases and to ensure, if I may say, fairness in the manner in which these cases were litigated but it appears that the ever active and creative plaintiffs bar is coming up with new...