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Employment Class Actions Archives

Minority employees contend they were targeted by employer's background check policy

Almost everyone has done something in the past of which they're not proud. For some, such acts and actions may have resulted in an arrest and criminal conviction. From youthful indiscretions to simply making poor decisions, many individuals who are convicted of drug, theft or other misdemeanor charges learn from their mistakes and make a conscious and concerted effort to turn their lives around.

Taxi drivers take legal action to gain employee status

Whether white, yellow or every shade in between, taxi cabs are a staple in most major metropolitan areas, including Los Angeles. Each year, millions of city residents and visitors rely upon taxis for transportation needs. Yet, for many individuals who make a living driving taxi cabs, wages earned during a 12 or 14 hour shift make it difficult to provide for oneself much less a family.

Fighting for minimum wages in the courts

When President Obama announced that he will seek to increase the minimum wage of workers associated with federal contracts via an executive order, he increased the level of public debate in regards to a number of wage and hour issues affecting American workers today. In addition to minimum wage hikes for federal workers, many are pushing for a minimum wage hike for all American workers.

Target to reduce impact of criminal history for job applicants

We've all been there: you find the perfect job and you prepare yourself to apply. You study the company and learn everything you can about it. You prepare your resume and send it in. Then, your hopes start soaring. "What if I get a call back?" you think. So now you start preparing for the hypothetical interview, getting answers memorized to potential interview questions. You start thinking about what your office will look like; how your nameplate will look; how much your coworkers will appreciate you. You know you can do all of this.

Complaint: UC hospital employees threatened for going on strike

A union has filed a complaint against the University of California hospital system, alleging that the hospitals illegally threatened employees during a two-day strike last spring. A hospital spokesperson has denied the allegations, stating that the hospitals did not violate employment laws in the days leading up to and during the strike.

Appeal planned for employment class action lawsuit in California

When a company discriminates against a person based upon gender it is against the law. The employee could have a course of action against the company by filing a civil lawsuit. However, when a company has systematically discriminated based upon gender due to a company policy the company could find itself in the middle of an employment class action lawsuit. Wal-mart is attempting to fight an effort to file a class action lawsuit on behalf of women employees in California.

California newspaper workers file employment class action lawsuit

Employment laws are in place to protect workers while also fostering a healthy, safe and fair business environment. California has laws in place which all employers must adhere to in order to avoid facing monetary fines and potentially criminal penalties. Some of these regulations have to do with how much an employer is allowed to require an employee to work before paying overtime. Unfortunately, one employer in California may have failed to follow these guidelines and now faces an employment class action lawsuit.

HSRR Partner Randy Renick Quoted Extensively in Today's Daily Journal

HSRR partner and highly regarded class action litigator Randy Renick was covered in two articles in today's Los Angeles Daily Journal, the leading law journal in the U.S.
In the first article, Laura Hautala examined the wider impact of recent Ninth Circuit Court of Appeals and United States Supreme Court decisions on class certification, quoting Renick at length:
"Plaintiffs have to do a lot more work on the front end," Renick said. "It isn't enough anymore to show that folks were just misclassified; you need to show that there was uniform control and that class members were working the same types of jobs under the same policies."
Renick experienced the change firsthand over the past eight years, as a case his clients won in trial court went through a lengthy appeals process. In 2005, he won class certification for a group of employees allegedly misclassified at Chinese Daily News Inc., a Chinese-language newspaper based in Monterey Park. He then won both a jury trial and a bench trial.
But the case was appealed all the way to the U.S. Supreme Court, which had recently raised the bar for class certification in employment discrimination and wage-and-hour cases by siding with Wal-Mart Stores Inc. in the landmark Dukes v. Wal-Mart case in 2011. The high court ordered the 9th U.S. Circuit Court of Appeals to apply Dukes to the Chinese Daily News case.
Renick said he is confident that the record he established the first time around will withstand heightened scrutiny for class certification. However, because of Dukes and two other precedents set in appellate courts since the plaintiffs' original victory, the 9th Circuit ruled in March that plaintiffs must argue for class certification anew.
The second article covered yesterday's filing for class certification in the long-running gender discrimination suit against Wal-Mart, Dukes. V. Wal-Mart Stores. Randy Renick is co-lead counsel for the plaintiffs in the lawsuit.  The Supreme Court's decision 2011 in the case sent it back to the trial court to decide if it could be pursued as a regional class-action on behalf of women who worked in Wal-Mart and Sam's Club Stores in California. 
The article summarized yesterday's request to proceed as a class action: Plaintiffs' lawyers, including HSRR, the Impact Fund, Cohen & Milstein, and Davis Cowell & Bowe proposed a smaller class, reducing the scale of the lawsuit in response to a landmark 2011 U.S. Supreme Court decision in the case. While the case previously sought to include 1.5 million women employees, the proposed class now includes 150,000 class members from three regions in California.  HSRR's co-counsel, Jocelyn Larkin of the nonprofit Impact Fund, stated in the article: 
"What the statistics show is a clear pattern of discrimination against women both in terms of pay and in terms of promotion," Larkin said. "And that, of course, is highly important in terms of showing that these policies had a common impact on employees."  
The motion is set to be heard by United States District Court Judge Charles Breyer on July 9, 2013.  
Employees try new tack with misclassification class actions. Laura Hautala,   Daily Journal. April 16, 2013
New, smaller class in Wal-Mart gender discrimination case. Laura Hautala,   Daily Journal. April 16, 2013
Press Release on Dukes v Wal-Mart
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