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Scott P. JangBlog Posts

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“12 Inches” is Much Ado About Nothing – Seventh Circuit Serves Subway and Practicality a Win in Footlong Class Action

“A class action that ‘seeks only worthless benefits for the class’ and ‘yields [only] fees for class counsel’ is ‘no better than a racket’ and ‘should be dismissed out of hand.’” In re Subway Footlong Sandwich Mktg. & Sales Practices Litig., 2017 U.S. App. LEXIS 16260, at *3 (7th Cir. Aug. 25, 2017) (quoting In...… Continue Reading
October 2, 2017

California Supreme Court Clarifies Discovery under PAGA

Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right to employer records containing other employees’ names and contact information. Williams v. Marshalls of California, LLC, No. S227228 (July 13,...… Continue Reading The post California Supreme Court Clarifies Discovery under PAGA appeared first on California Workplace Law Blog.
July 18, 2017

Are You Ready for Some Football? A Pocket Playbook for HR Managers Navigating Competitive Recruiting

The Patriots, Falcons, and . . . class actions? Just five days before Super Bowl LI, the intersecting crosshairs of antitrust and employment law class actions zeroed in on its latest target: the National Football League. On January 31, 2017, a former cheerleader for the San Francisco 49ers filed a putative class action in the … Continue Reading
February 3, 2017

More Lessons in Class and Collective Actions From Lyft

There’s been a lot of buzz in the past few weeks surrounding Lyft’s proposed class action settlement in Lyft v. Cotter, NDCA Case No. 13-cv-04064-VC. Under the terms of the proposed settlement, Lyft will, among other things, (1) pay putative class members $12.25 million; (2) replace its current at-will termination provision with one that allows … Continue Reading
February 5, 2016

Collective Actions Under The FLSA : Up, Up and Away in 2016?

As employers prepare to turn the page on 2015, the question lurks: Will the tide of collective actions and other cases filed under the Fair Labor Standards Act show any signs of ebbing in 2016? Past statistics paint a stark picture. According to records for United States courts, new case filings under the FLSA reached … Continue Reading
December 9, 2015

Class Action Lessons From Lyft

Takeaways from the On-Demand Economy’s First Collision with Employment Class Action Law “Let’s just grab an Uber or a Lyft.” For many, this statement is fast becoming as unremarkable and ubiquitous as “Let’s grab a cup of coffee.”   Such has been the meteoric rise of the so-called “on-demand economy,” where summoning anything from a car … Continue reading Class Action Lessons From Lyft
May 5, 2015