Current Cases
Below is a sample of some of the cases our firm is currently handling.
Smith/Ballard v. Wal-Mart Stores, Inc.
In this class action, our clients allege that Wal-mart has consistently violated California Labor laws by failing to pay all wages and/or accrued vacation time to terminating employees and has further failed to provide terminating employees with final paychecks in a timely manner. There are over 75,000 class members who may be entitled to recover.
On February 13, 2008, this action was certified by the United States District Court for Northern California, Oakland. On May 15, 2008, prior to any notice being sent out to class members, the Ninth Circuit granted Wal-Mart’s Petition for Permission to take an Interlocutory Appeal from the District Court’s Order Granting Class Certification. Oral argument was completed in October, 2009, and a decision is pending. For more information, contact Lou Marlin (714) 669-4900 or Stan Saltzman (818) 991-8080.
Lopez v. Lowes Home Improvement
This certified class action seeks recovery of wages worked by non-management California Lowes employees who worked off-the-clock during their tenure there. This matter has been resolved for a 29.5 million settlement. Settlement checks will be mailed to class members in early 2010. Click here for more information or contact Stan Saltzman (818) 991-8080 or Lou Marlin (714) 669-4900.
Duke v. Avis
This proposed class action, pending in the Los Angeles Superior Court, seeks recovery on behalf of what Avis calls “independent” Avis location operators who, in reality, appear to be nothing more than employees who should have all the rights and benefits of employees. The motion for class certification was recently denied by the trial court, and that decision will be the subject of an appeal. For more information, contact Stan Saltzman or Christina Humphrey at (818)991-8080.
Fulton v. Cisco Systems, Inc.
This class action alleges that California “technical writers” employed by a software company are misclassified and entitled to overtime wages and other benefits they would have been entitled to as non-exempt employees. This matter has settled for $6.7 million and settlement checks have been mailed. For more information, contact Lou Marlin or Stephen O’Dell at (714) 669-4900.
Hodge v. AON Insurance
This certified wage and hour case on behalf of California claims adjusters employed at Cambridge Insurance is in the appeals process. After a bench trial completed in October of 2008, the trial court ruled in favor of the Defendant AON Insurance. Plaintiffs are appealing. For more information, contact Stan Saltzman or Christina Humphrey at (818) 991-8080.
Rounsavall v. Countrywide Home Loans
The proposed class action on behalf of California underwriters employed in the Underwriter I, II, or III position at Countrywide alleges misclassification as exempt employees and seeks the recovery of overtime wages and other benefits earned during the period of misclassification. A tentative settlement has been reached, subject to approval by the court. A Motion for Preliminary Approval should be filed by the end of November, 2009. This matter is pending in the Los Angeles Superior Court. For more information, contact Stan Saltzman or Mark Bradley at (818) 991-8080.
Hoyng v. AON Insurance Services
This wage and hour case alleges that account managers and/or relationship managers employed by AON were misclassified as exempt employees and seeks recovery of overtime wages and other benefits. This matter is currently pending in Los Angeles Superior Court. For more information, contact Lou Marlin or Dale Anderson at (714) 669-4900.
Ortega v. JB Hunt Trucking
This proposed class action lawsuit challenges JB Hunt’s employment practices with respect to its local and regional intermodal and DCS California drivers and seeks recovery of unpaid minimum wages, meal and break wages, and other damages. This matter is currently pending in the US District Court for the Central District of California. The plaintiffs’ motion for class certification has been granted. For more information, contact Stan Saltzman or Christina Humphrey at (818) 991-8080.
Van Heyn v. WMC Mortgage
This class action challenges WMC's payment policies in relation to its former California-based Business Development Representatives (BDRs) and Associate Business Development Representatives (ABDRs). The court has granted preliminary approval to a $3 million settlement, and notice of the settlement has been mailed to the class members. Click here for more information, or contact Lou Marlin or Stephen O'Dell at (714) 669-4900.
Poston v. Marcus & Millichap
This proposed class action, pending in the Los Angeles Superior Court, seeks recovery on behalf of those retained by Marcus and Millichap as “Junior Sales Agents” or “Junior Sales Associates” and/or similarly designated titles. The lawsuit alleges that proposed class members were misclassified as independent contractors rather than employees, and seeks reimbursement of the benefits of employment. The matter is currently pending before the Los Angeles Superior Court. For more information, contact Stan Saltzman, Mark Bradley or Christina Humphrey at (818) 991-8080.
Pasquale v. Kaiser Foundation Hospitals
This class action is pending in the United States District Court in San Diego. It challenges Kaiser's classification of certain staff employees holding such positions as IT Application Coordinator, Senior Application Coordinator, and Application Coordinator, etc. The United States District Court Judge has granted preliminary approval of at $3.7 million settlement, and notice will be mailed to class members in December. Click here for more information, or contact Lou Marlin or Lynn Whitlock at (714) 669-4900, or Marc Bradley at (818) 991-8080.
Patton vs. Schneider National Carriers
This proposed class action is pending in the United States District Court in Los Angeles. Like the JB Hunt Class action, it seeks recovery on behalf of truck drivers who are only paid “when the wheels are turning”, in violation of California law. For more information, contact Stan Saltzman or Mark Bradley at (818) 991-8080.
Paulino v. Bank of America
This is a proposed class action seeking to recover on behalf of Bank of America employees who have been mis-classified as exempt employees. It is recently filed, and is pending in the Central District of the United States District Court. For more information, contact Stan Saltzman, Mark Bradley or Christina Humphrey at (818) 991-8080.
Mora v. Cemco Expanded Metal Products Compay
In this case, class action status is sought for the claims that the employer has failed to properly compensate its employees for all the time that they work, and has failed to furnish the employees with proper meal and rest period breaks. The action is pending in the Los Angeles Superior Court. For more information, contact Mark Bradley at (818) 991-8080 or Lynn Whitlock at (714) 669-4900.
Cohen vs. Fedex Corporation
Proposed class action pending in the Los Angeles Superior Court. The action seeks to recover overpayments made by class members for insurance charges imposed by Fedex when shipping orders are completed using Fedex's online program. For more information, contact Stan Saltzman or Christina Humphrey at (818) 991-8080.
Cuadras vs. Metro PCS
This newly filed proposed class action seeks to recover for various charges imposed by the defendant on its cell phone customers that are not properly disclosed when individuals sign up for service. Contact Lou Marlin or Lynn Whitlock at (714) 669-4900 or Mark Bradley at (818) 991-8080 for more information.
Neuvenheim vs. Game Stop
In this matter, the plaintiff seeks to recover wages due for work done "off the clock" and for missed meal and rest breaks. The matter is a proposed class action, and is pending in the Los Angeles Superior Court. Contact Lou Marlin or Lynn Whitlock at (714) 669-4900 or Mark Bradley at (818) 991-8080 for more information.
Howie vs. Schwan Foods Corp.
This proposed class action is pending in the United States District Court for the Central District of California. It seeks to recovery on behalf of Customer Service Managers or Route Managers of defendant who have been mis-classified as exempt from overtime and other compensation. Contact Lou Marlin or Lynn Whitlock at (714) 669-4900 or Mark Bradley at (818) 991-8080 for more information.
Coughlin vs. Sears Holdings Corporation, et.al.
This case seeks recovery of unpaid vacation and personal time compensation on behalf of employees of Sears Roebuck, Kmart and related companies. The matter is pending in the United States District Court for the Central District of California. Contact Mark Bradley at (818) 991-8080 or Stephen O'Dell at (714) 669-4900 for more information.
From wherever you are in California, call us toll free at 866-959-9552 or contact our offices in Los Angeles or Orange County by e-mail to arrange a free consultation.
