Blady Weinreb Law Group LLP
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Class Action Overtime
Blady Weinreb Law Group, LLP's lawyers have prosecuted, defended and litigated employment class actions in California against and on behalf of various companies. Our employment and insurance lawyers have litigated various class claims, including for (1) overtime pay, (2) meal period and rest break pay, (3) mis-classification of employees as exempt from overtime and other laws, (4) unpaid wages, (5) other wage and hour claims, and (6) Insurance law.

Below we provide case information on current and past class actions handled by our lawyers.  All documents are in Adobe Acrobat (.pdf) format. You may click on the documents below in order to view a PDF version of the document. To obtain a free copy of Adobe Acrobat Reader, you can click here. 


What is a Class Action Lawsuit?

A class action lawsuit is a lawsuit that is brougt by a representative plaintiff on behalf of others who have been subject to the same unlawful conduct as the Plaintiff.  Class action lawsuits are governed by either federal rules or state rules depending on the nature of the claims and/or the location of the lawsuit (i.e., state or federal court).  Some claims, such as claims for overtime under the Fair Labor Standards Act are brought as a collective action (where each employee has to opt into the case).  Other types of class action claims are brought where a class member has to opt out of the action.  In general, to proceed with a class action under California law (1) you must be an adequate representative of the class you seek to represent, (2) the group of affected persons must be many or numerous, (3) your claims must be typical of the class, (4) the common or class issues of fact or law must predominate over individual issues, and (5) class counsel must be adequate.  Class action cases are usually allowed to proceed when an employer has a policy or practice that violates the law.  Class actions are also allowed when there are common methods of proof, such that the claims will not break down into a series of mini-trials on liability issues.  In California, depending on the circumstances, claims for discrimination, overtime, working off the clock, misclassification as exempt from overtime, meal and rest periods, failure to pay vacation, failure to reimburse required expenditures and/or losses, and failure to pay all wages due at the time of termination/separation have been allowed to proceeded on a class basis.


Current Class Actions

    Countrywide (Misclassification of employees/Vacation/Labor Code 203)

      Evapco (Manufacturing - Overtime/Meal & Rest Periods/Pay Stub)

            - [Notice of Ruling Denying Defendants' Motion for Summary Judgment/Adjudication on Wage Claims]

      PaylessShoeSource (Managers -Overtime/Meal & Rest/Pay Stub/Indemnification/Labor Code 203)
 
                   - [Copy of Complaint]

      Penn Industries (Disability discrimination - CFRA leave)

            - [Copy of Complaint]

            - [Notice of Ruling Granting Class Discovery]

            - [Notice of Privacy Rights]

            -  [Plaintiff's Motion for Class Certification]

      Smart and Final Stores (Drivers - Overtime/Meal & Rest/Pay Stub/Labor Code 203) 

      Universal Music Group (IT employees - Overtime/Meal Periods/Indemnification)

Settled Class Actions 

    •  Waste Management (Meal & Overtime)

      ___________________________________________________________________________________________________

      Recent California Cases on Class Action Issues

                 Click on Case Citation to See Court Opinion

      Vinole v. Countrywide Home Loans - July 7, 2009 - 9th Circuit Court of Appeal

      This opinion examines the propriety of the denial of class certification based on the claimed misclassification by Countrywide of its external home loan   consultants.

      In re Wells Fargo Home Mortgage - July 7, 2009 - 9th Circuit Court of Appeals

       This opinion examines the propriety of the grant of class certification based on the claimed misclassification by Wells Fargo of its home mortgage consultants.

      Clark v. American Residential Services - July 6, 2009 - 2nd District California

      This opinion examines the objections of objectors to a class action settlement for alleged unpaid minimum and overtime wages, failure to provide meal and rest periods, other Labor Code violations and unfair business practices, including whether the court had sufficient information to have an understanding of the amount in controversy and the realistic range of outcomes.

      Martorana v. Marlin & Saltzman - July 1, 2009 - 2nd District California

      This opinion examines issues relating to the notice of settlement in  a class action wage and hour lawsuit and Plaintiff's attempt to plead claims arising out of his failure to timely file a claim.

      Arias v. Superior Court (Angelo Dairy) - June 29, 2009 - California Supreme Court

      This opinion examines whether an employee needs to meet class action requirement when bringing a claim under Business & Professions Code section 17200, et. seq, and Labor Code Private Attorneys General Act of 2004 (Labor Code section 2698, et seq.)

       Amalgamated Transit Union, Local v. Superior Court - June 29, 2009 - California Supreme Court

      This opinion examines whether a labor union may bring a representative action under under Business & Professions Code section 17200, et. seq, and Labor Code Private Attorneys General Act of 2004 (Labor Code section 2698, et seq.)  

             

             

             

             

             

             

             

             

             

             

             

             

             

             

             

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

           

         

       

       

       

       

       

       

Blady Weinreb Law Group LLP
6310 San Vicente Boulevard, Suite 400
Los Angeles, California 90048
(323) 933-1352
FAX (323) 933-1353

Los Angeles and Southern California

Our Southern California employment and insurance lawyers practice mostly in the following cities and counties: Los Angeles, Los Angeles County, Orange County, Ventura County, L.A., City of Los Angeles, Anaheim, Arcadia, Agoura, Beverly Hills, Burbank, Bel-Air, Beverly-Grove, Brentwood, Calabassas, Century City, Commerce, Costa Mesa, Culver City, Downtown Los Angeles, El Monte, Encino, Glendale, Hermmosa Beach, Industry, Inglewood, Irvine, Irwindale,  Long Beach, Manhattan Beach,  Mid-Wilshire, Newport Beach, Oxnard, Redondo Beach, Reseda, Roland Heights, Palmdale, Pasadena, Pomona, Rancho Palo Verdes, San Fernando Valley, Santa Monica, Sherman Oaks, South Bay, Studio City, Tarzana, Thousand Oaks, Torrance, Universal City, West Hills, Westoowd, West Los Angeles, Westlake, Van Nuys, Venice and Woodland Hills.
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