The National Labor Relations board announced it is charging 24 Hour Fitness USA Inc. with violating federal law by insisting all employment-related disputes be resolved by individual arbitration. In a statement issued April 30, the NLRB said the San Ramon, California-based company, which operates fitness centers across the country, requires employees to agree in writing as a condition of employment to forego any rights to collective or class action lawsuits or arbitrations. This violates the National Labor Relations Act, according to the complaint issued by the agency’s San Francisco regional office. Read more…
Class Actions Blog
Archive for the ‘Employment Class Action’ Category
NLRB sues 24 Hour Fitness for seeking to enforce class action ban
Ninth Circuit revives overtime class action lawsuit against Oracle
The U.S. Court of Appeals for the Ninth Circuit reversed a federal district court ruling in favor of Oracle. Under California’s wage and hour laws, the appellate court found Oracle could be liable for unpaid wages if it did not compensate out-of-state computer trainers for overtime work performed in the state. Read more…
Capital One faces Fair Credit Reporting Act class action
On December 6, 2011, an employee of Capital One, filed a class action lawsuit in the United States District Court for the District of Maryland, alleging that Capital One illegally obtains background checks in violation of the Fair Credit Reporting Act. Plaintiff seeks to represent a class of all Capital One employees and job applicants for the past three years. Plaintiff Smith accuses Capital One of violating the Act in two ways. Read more…
Oracle Employee Overtime Pay & Meal Allowance Class Action Settlement Preliminarily Approved By Court
A $35 million class action settlement has been reached in a class action lawsuit against Oracle (“Oracle” or “Defendant”) pending in the Superior Court of Alameda County California. The complaint alleged that Oracle failed to pay overtime and provide off-duty meal periods for certain quality software assurance engineers, customer support engineers and project managers who worked for Oracle in Redwood City and Pleasanton.
Dukes v. Wal-Mart going state by state
I previously posted several blogs about the Dukes v. Wal-Mart case in which the U.S. Supreme Court said a national sex discrimination case was simply too large, and reversed class certification of a Rule 26(b)(2) injunctive class seeking to recover backpay. The holding by the Supreme Court was really limited to injunctive class actions.
In response to this ruling, the lawyers representing the female employees are now filing regional actions. A complaint was filed in federal court in Texas on October 28, 2011. The complaint is the second to be filed since a nationwide class action against the company was thrown out by the Supreme Court in June, 2011. On October 27, 2011, a similar set of claims was filed in federal court in California. In both Texas and California, plaintiffs are seeking class action status for female Wal-Mart workers in that state. Read more…
Sex discrimination suit against Ruth’s Chris Steak House amended to be a class action
A sex discrimination lawsuit brought against Ruth’s Chris Steak House by four current and former employees in the Washington D.C. area can proceed as a class action suit. The United States District Court for the District of Columbia has granted the plaintiffs the right to add class action claims to the lawsuit, first filed against the restaurant chain in October 2010. D.C.-based employment law firms Mehri & Skalet PLLC and Tycko & Zavareei LLP represent the women. Read more…
