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Law360 Wage and Hour Class Action Lawsuit Summary – October 2016

By on October 20, 2016

California Wage and Hour

Apparel Seller’s $2.8M Bag-Check Deal OK’d On 2nd Try

A California judge granted preliminary approval Tuesday to surf-style retailer Tilly’s $2.8 million deal ending claims it shorted 4,000 workers on their wages by requiring unpaid security “bag checks,” after the parties scrapped a plan to give unclaimed funds to a charity started by Tilly’s founder. 

https://www.law360.com/classaction/articles/848288/apparel-seller-s-2-8m-bag-check-deal-ok-d-on-2nd-try

CVS’ $13M Deal To End 78K Workers’ Bag Check Claims OK’d

A California judge on Monday granted preliminary approval to CVS Caremark Corp.’s $12.75 million settlement of claims it shorted roughly 78,000 workers on pay for time they spent in security checks, saying the deal looks to be “in order.”

https://www.law360.com/classaction/articles/847706/cvs-13m-deal-to-end-78k-workers-bag-check-claims-ok-d

McDonald’s Workers Seek Class Cert. In Wage, Breaks Suit

mployees seeking to represent more than 1,200 workers from eight McDonald’s franchise locations asked a California federal court on Friday to grant certification in a case accusing McDonald’s of shorting worker pay and denying lawful rest breaks.

https://www.law360.com/classaction/articles/847328/mcdonald-s-workers-seek-class-cert-in-wage-breaks-suit

 

Hawaiian Airlines Says Unpaid Training Program Not Work

Hawaiian Airlines Inc. on Thursday looked to put a quick end to a putative class and collective action that claims it violated the law by not paying people for time spent in a customer service training program, telling a California federal court that trainees aren’t employees engaged in work.  Plaintiff Otico filed in May, claiming she was entitled to payment for the 10 days that she spent in the pre-employment training program.

Hawaiian argued the training that Otico and other prospective employees received is similar to instruction that would have cost them thousands of dollars at a trade or vocational school. The airline also said it incurred extra cost and disruptions to its operations by offering the course.

It contends these factors help show Otico wasn’t performing work during the training.

https://www.law360.com/classaction/articles/849564/hawaiian-airlines-says-unpaid-training-program-not-work

California Consumer

Class Cert. Denied, Claims Trimmed In Cold Therapy Suit

A proposed class of patients accusing Breg Inc. of hiding from them the potential dangers of its cold therapy machines were denied certification on Friday by a California federal judge who found lacking a common set of classwide facts, though Breg must face some consumer protection law claims.

https://www.law360.com/classaction/articles/847334/class-cert-denied-claims-trimmed-in-cold-therapy-suit

Judge Ups Sanctions For Safeway In Overcharge Row

A California federal judge on Thursday issued a corrected discovery sanction order for Safeway for failing to find a cache of documents for a class action over grocery overcharges, upping the total from $516,000 to more than $688,000.

https://www.law360.com/classaction/articles/849181/judge-ups-sanctions-for-safeway-in-overcharge-row

Lyft Beats Driver’s FCRA Class Action Under Spokeo

 Lyft Inc. successfully skirted a putative class action over alleged privacy violations during the driver interviewing process in California federal court on Wednesday when a judge found that the plaintiff didn’t have standing under the recent Supreme Court Spokeo decision.

https://www.law360.com/classaction/articles/848832/lyft-beats-driver-s-fcra-class-action-under-spokeo

  • I am tracking the outcomes of these decisions surrounding Spokeo

Spokeo Used To Allege Harm From Unwanted Facebook Texts

A non-Facebook user urged a California federal judge on Wednesday to keep alive his proposed class action alleging the social media giant violated the Telephone Consumer Protection Act by bombarding him with unauthorized text message alerts, saying the high court’s Spokeo decision establishes that the unwanted messages injured him.

https://www.law360.com/classaction/articles/848717/spokeo-used-to-allege-harm-from-unwanted-facebook-texts

Lexus Driver Claims Defective Sunroof Shatters

Drivers hit Toyota Motor Corp. with a proposed class action in California court Tuesday, claiming that sunroofs in Lexus cars pose a safety hazard because a defect causes them to spontaneously explode while driving.

https://www.law360.com/classaction/articles/848581/lexus-driver-claims-defective-sunroof-shatters

 

California – Deceptive Labeling

Deoleo Slams Bid To Lift Stay In Olive Oil False Ad Suit

Deoleo USA Inc. on Thursday struck back against a consumer’s bid to unpause a proposed class action accusing the olive oil maker of deceptive labeling, telling a California federal judge that key issues in the dispute still have not been resolved through Ninth Circuit guidance.

Scott Koller’s case has been stayed since December, after U.S. District Judge Richard Seeborg found that NInth Circuit decisions in Jones v. ConAgra Foods, Brazil v. Dole Packaged Foods and Kosta v. Del Monte Foods might offer significant guidance on class certification issues like ascertainability and common proof of damages.

https://www.law360.com/classaction/articles/849332/deoleo-slams-bid-to-lift-stay-in-olive-oil-false-ad-suit

Dole Buyers Get Mixed Win In 9th Circ. Natural Label Ruling

Consumers won a major false advertising battle Friday when the Ninth Circuit ruled the label on Dole’s “all natural” frozen berry products may be misleading, but the panel’s finding that the decertified class hadn’t shown it could prove classwide damages greatly limits what the buyers can recover if they ultimately prevail, attorneys say.

https://www.law360.com/classaction/articles/847452/dole-buyers-get-mixed-win-in-9th-circ-natural-label-ruling

Nivea Skin-Firming Lotion An Unapproved Drug, Suit Says

A lotion buyer filed an amended class action complaint against Nivea on Thursday over a lotion that claims to tighten and firm skin, saying it was clearly a drug but was not approved by drug regulators.

https://www.law360.com/classaction/articles/849304/nivea-skin-firming-lotion-an-unapproved-drug-suit-says

California – Data Privacy

Glassdoor Says Spokeo Kills Suit Over Email Address Leak

 

Job review and recruiting website Glassdoor has told a California federal judge that a user suing over its inadvertent exposure of 600,000 user email addresses hasn’t shown any actual injuries stemming from the leak, and therefore her proposed class action fails under the U.S. Supreme Court‘s Spokeo standard.

https://www.law360.com/classaction/articles/849540/glassdoor-says-spokeo-kills-suit-over-email-address-leak

 

National Consumer

JPMorgan Settles Reward Points Class Action For $2M

 JPMorgan Chase & Co. has agreed to pay $2 million to settle with a proposed class of customers that claims the bank abruptly shut down their credit card accounts, leaving them unable to redeem the rewards points they had collected, according to papers filed in New York federal court Thursday.

https://www.law360.com/classaction/articles/849272/jpmorgan-settles-reward-points-class-action-for-2m

General Mills Wants GMO Cereal Suit Pause Extended

General Mills has asked a New Jersey federal judge to keep paused a proposed class action alleging the company misled customers by describing genetically modified corn in Kix cereal as “all natural,” saying the U.S. Food and Drug Administration still hasn’t said whether it will regulate “natural” claims.

https://www.law360.com/classaction/articles/848369/general-mills-wants-gmo-cereal-suit-pause-extended

 

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