Class Actions Blog

Archive for the ‘Employment Class Action’ Category

U.S. Supreme Court Delays Argument On NLRB Class Action Waiver Issue Until Late 2017 or 2018

Posted on: February 9th, 2017 by Steve Larson

On Friday, January 13, the U.S. Supreme Court agreed to resolve a conflict between the circuits as to whether class action waivers violated the National Labor Relations Act.  It accepted three of the cases for review: the 5th Circuit’s Murphy Oil case, the 7th Circuit’s Epic Systems case, and the 9th Circuit’s Ernst & Young case. The cases will be consolidated for purposes of oral argument and final written opinion.

That argument will not take place until October 2017 at the earliest, which means there will likely be no final decision until late 2017 or early 2018.  Many speculate that the delay was to allow U.S. Supreme Court nominee Gorsuch to be seated to participate in the decision.

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Ninth Circuit finds variations in damages does not defeat class certification

Posted on: August 22nd, 2016 by Keith Dubanevich

employeesIn June, the U.S. Ninth Circuit Court of Appeals affirmed class certification of a wage and hour case over the defendants’ objection that individual damages calculations predominated. Vaquero v. Ashley Furniture Industries, Inc., ___ F.3d ___ (9th Cir. Jun. 8, 2016).  Read more…

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American Family Insurance agent class action certified in misclassification case

Posted on: April 1st, 2016 by Steve Larson

employeesA federal judge in Ohio granted class certification to insurance agents who claim that the company who hired them, American Family, mislabeled its sales force as “independent contractors” to avoid compliance with the requirements of the Employee Retirement Income Security Act (“ERISA”). Read more…

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Lyft will pay $12 million to settle driver misclassification case

Posted on: February 5th, 2016 by Steve Larson

Car

Lyft, Inc. has agreed to pay $12.25 million and give additional job security to a proposed class of current and former California drivers suing the ride-hailing service in California federal court.  However, the company will not classify the drivers as employees.  Instead, Lyft will agree that it does not have the right to terminate drivers at will. With the at-will termination provision gone, drivers will now be able to turn down rides without fear of their account being deactivated. Read more…

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Cincinnati Bengals reach settlement of class action brought by cheerleaders

Posted on: October 26th, 2015 by Steve Larson

FootballThe Cincinnati Bengals have reached a tentative settlement of class action claims brought by a former cheerleader on behalf of all Bengal cheerleaders for minimum-wage violations.  The Bengals have  agreed to pay all members of the 2011 to 2013 squads $2,500 in back pay per season.

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Class Action certified against Uber

Posted on: September 23rd, 2015 by Steve Larson

CarUber drivers scored a major victory against the ride-hailing company Tuesday when a California federal judge agreed to certify a class of Golden State drivers who claim they were mislabeled as independent contractors and cheated out of tips.

U.S. District Judge Edward M. Chen found that Uber’s claim that drivers were all properly classified as contractors conflicted with its argument that the drivers’ experiences with the company were too different to merit class certification. Read more…

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This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

About the author

  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
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