A special section of our site dedicated to class actions, collective actions, and impact litigation. Featuring selected court cases, news stories, firms, case websites, and cy pres awards.
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In the Courts
Schachter v. Citigroup, Inc.
Supreme Court of California | Decision Date: November 2, 2009
In a putative class action against Citigroup by its former employees challenging the company's forfeiture provision of a voluntary employee incentive compensation plan (Plan) upon termination in violation of Labor Code section 201 and 202, the judgment of the court of appeals granting Citigroup's motion for summary judgment is affirmed as the company Plan's forfeiture provision does not run afoul of sections 201 or 202 because no earned wages remain unpaid upon termination for cause or resignation. Read the decision.
In the News
Former KEYT Employees File Lawsuit
In a lawsuit filed last week in Santa Barbara County Superior Court, two former KEYT Channel 3 employees alleged the company committed a string of labor code violations, including failure to pay overtime. Read the full story.
Topless Club Hit with Lawsuit over Dancer Wages
A topless nightclub in Las Vegas was hit with a class-action lawsuit Monday claiming its dancers aren't really independent contractors -- and instead are employees entitled to regular wages and overtime. Read the full story.
Wal-Mart Wins Final Approval of Workers’ Wage Suit Settlement
Wal-Mart Stores Inc., the world’s largest retailer, won final approval of a settlement paying as much as $85 million to hourly workers who sued over allegations of unpaid wages. U.S. District Judge Philip M. Pro in Las Vegas approved the settlement yesterday and awarded one-third of the recovery in fees to the workers’ lawyers, up to about $28 million depending on the claims made. Walmart is to pay at least $65 million and as much as $85 million. Read the full story.
Blytheville Nucor Plant Had Racially Hostile Work Environment, Jury Rules
A federal court jury in Jonesboro has ruled in favor of six black employees of Nucor-Yamato Steel Co. in a race discrimination case that included evidence of lynching re-enactments and portrayals of black employees as monkeys. On Thursday, 11 white and one black juror unanimously found the Charlotte, N.C., company liable for supervisor racial hostility and co-worker racial hostility at its Blytheville steel plant based, in part, on the acts of Dan DiMicco, who is now the CEO of Nucor. The six plaintiffs were each granted $100,000 in compensatory damages and $100,000 in punitive damages, for a total of $1.2 million. Read the full story.
Sacramento employee files class action discrimination suit against Jos. A. Bank
A Sacramento attorney has filed a class action against one of the nation’s leading retailers of upscale men’s clothing, alleging racial discrimination against thousands of black employees in more than 140 stores throughout the western United States. Anthony Perez filed the complaint against Jos. A. Bank Clothiers Inc. on Thursday in U.S. District Court in San Francisco. Read the full story.
Court affirms class-action lawsuit for former N.O. public school employees
Eleven months after New Orleans Civil District Court Judge Ethel Simms-Julien certified a class-action lawsuit filed on behalf of more than 8,500 former employees of Orleans Parish Public Schools who were terminated after the State of Louisiana seized control of more than 100 public schools in the wake of Hurricane Katrina, the Louisiana Fourth Circuit Court of Appeal has affirmed the decision of the trial court. Read the full story.
Featured Firms
Perez Law Offices
The attorneys of Perez Law Offices have successfully advanced the civil rights of individuals throughout California and the United States. We are not afraid to take on the tough case. We are California educated and trained trial attorneys. We know and understand the community. Visit our website at www.perezlawoffices.com/.
Anticouni & Associates
Anticouni & Associates is the oldest and foremost employment law firm on California's Central Coast. With offices located in Santa Barbara and Ventura counties, the firm has successfully handled more than 2,000 litigation and administrative employment matters since 1979. Its expertise ranges from class action cases on behalf of thousands of employees to individual sexual harassment, discrimination, wrongful termination cases, whistleblower claims, and wage and hour matters. The firm only handles employment cases on behalf of employees and employers. Visit our website at www.anticouni.com.
Wiggins, Childs, Quinn & Pantazis
Since 1985, Wiggins, Childs, Quinn & Pantazis has established a tradition of excellence in discrimination, consumer protection, and employment law. From its formation, the firm has risen to prominence in pursuing “ground breaking” legal issues in individual and class action suits leading the way in shaping new laws protecting and benefiting people who have been victims. We are also nationally recognized for our expertise in representing consumers in a wide range of civil disputes from individual lawsuits to complex class action litigation. Visit our website at www.wcqp.com.
Case Websites
Wal-Mart MDL Settlement Website
Two settlements have been proposed in a consolidated class action lawsuit pending in the United States District Court for the District of Nevada. One group of lawsuits alleges that Wal-Mart did not provide the Class Members with full, uninterrupted rest breaks and meal periods and did not pay the Class Members for all the time they worked (the “State Lawsuit”). The other lawsuit alleges claims under ERISA (“King Lawsuit”) on behalf of 401(k) retirement plans and their participants. Although Wal-Mart denies the allegations in all of the lawsuits, the parties to all of the cases have agreed to a settlement. The Court has preliminarily approved the settlement and has conditionally certified a Settlement Classes in accordance with the proposed Settlement Agreements.
ExoticDancerRights.com
http://exoticdancerrights.com/
No matter where you work: a nightclub, topless bar, Cabaret, or Gentlemen's Club - or what job: hostess, waitress, showgirl, topless or nude dancer - you have rights under the law that your employer must follow.
Fifth Annual Workplace Class Action Litigation Report
http://www.reuters.com/article/pressRelease/idUS187739+13-Jan-2009+BW20090113
The fifth Annual Workplace Class Action Litigation Report by Seyfarth Shaw LLP, one of America`s leading full-service law firms, analyzes the foremost class action and collective action decisions of 2008 involving claims against employers in federal and state courts. The key class action and collective action settlements over the past year are also analyzed, both in terms of gross settlement dollars in private plaintiff and government-initiated lawsuits, as well as injunctive relief provisions in consent decrees. Seyfarth Shaw`s fifth Annual Workplace Class Action Litigation Report analyzes 650 decisions in its comprehensive examination of class action litigation.
Cy Pres Awards
Ohio Lawyers Give Back
Ohio Lawyers Give Back was founded by Dworken & Bernstein Co., L.P.A. to promote the use of cy pres in class action settlements. When a class action is settled, plaintiff and defendant agree to a fund amount to pay all class members. Since many class members have moved, passed-away, or can't be found, millions of settlement dollars go unclaimed. That settlement money is intended to benefit the class—rather than revert to the wrongdoing defendant—so the ancient doctrine is now being used to distribute the unclaimed money to charities and non profits.
California Meal and Rest Break Class Action (Cohelan, Khoury & Singer)
In January 2009, Workplace Fairness received nearly $16,000 in funds directed by Diana Khoury and Michael Singer of Cohelan, Khoury & Singer, in San Diego, California. The law firm represented workers in a class action against a retailer, alleging that the employer failed to provide rest and meal breaks or to compensate workers in lieu of their breaks. After distribution of the confidential settlement to eligible workers, $15,932.68 in unclaimed funds was given to Workplace Fairness. This marks the third distribution of cy pres funds by Cohelan, Khoury & Singer to Workplace Fairness.
Leonard v. Southtec (Sanford, Wittels & Heisler LLP and Jerry Gonzalez, PLC)
David Sanford of Sanford, Wittels & Heisler LLP and Jerry Gonzalez, PLC successfully prosecuted a class action case against L&W Engineering and Southtec, Inc. in the U.S. District Court for the Middle District of Tennessee, Case No. 3:04-0072. The allegations were that Southtec, a subsidiary of L&W Engineering, systematically excluded African Americans and Hispanics from consideration for employment and promotion. After much litigation, the parties were able to mediate the case and the defendants entered into a consent decree and agreed to pay a confidential amount in settlement of all claims. 143 claims for wrongful discrimination based upon race or ethnic origin were paid out, and a remainder reserved for a cy pres award to nonprofit organizations which advocate for the rights of employees. Workplace Fairness received an award in the amount of $32,568.41.


