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30 Cards in this Set
- Front
- Back
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Who is the plaintiff in the Supershuttle case?
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Kairy
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Who is the defendant in the Kairy case?
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Supershuttle
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Who was the judge for the Supershuttle case?
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White
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Who were the workers in the Supershuttle?
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Airport van drivers
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What was the problem in the Supershuttle case?
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Misclassified as franchisee or independent contractors
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Why are the Supershuttle drivers workers?
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Supervised and controlled; controlled routes and duties, pay controlled by employer
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How would the Supershuttle workers not be workers?
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Franchisees – sub-contractors of franchisees, flexible terms of work with in accordance with state law; dispatchers not supervisors, contractual obligations but not made to suffer costs; work generated by bids to take customers
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What was the harm in the Supershuttle case?
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Denied overtime, meal breaks, failing to reimburse for business expenses (maintaing vehicles), taking wrongful deductions from pay (to pay for operating expenses), forcing drivers to make certain purchases, failing to document hours, failure to pay minimum wage (pay based on charges to customers)
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What laws were violated in the Supershuttle case?
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FLSA and California labor law
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What is the Rule under which the class action is brought in the Supershuttle case
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23(b)(2) and (b)(3)
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What are the elements of a class action in Supershuttle?
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Numerosity, commonality, typicality, adequacy of representation
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What are the common questions generally in Supershuttle?
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Status as employees, facts relating to individual causes of action
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What is the status of the case in Supershuttle?
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Court conditionally certified the FLSA claims as an opt-in
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What is the life of a wage and hour case?
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o Initial pleadings, precertification discovery (?), motion to decertify first or certification motion first, if certification fails – individual cases, if certification succeeds – think settlement and then summary judgment
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• For the plaintiff and defense, what does discovery look like in a wage and hour case? Is there a lot of electronic document review? Who gets deposed?
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o A lot of document review to ascertain size of class and see if common claims predominate – outsource to agencies
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What kind of motions are done in a wage and hour class action, both before and after certification?
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o Same motions as in general discrimination cases
o Summary judgment motion may come before or after certification o Motion for preliminary approval that sets the terms of the settlement |
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Who is the plaintiff in the Safety-Kleen case?
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Wamboldt
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Who is the defendant in the Wamboldt case?
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Safety-Kleen
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Who is the judge in the Safety-Kleen case?
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Hamilton
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When did the Safety-Kleen case start?
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2006
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What does Safety-Kleen do?
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Waste management
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Under what legal vehicles did Wamboldt bring the case?
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Rule 23 class action, unfair competition - business and professions code 17200 claim, PAGA claim
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What did Wamboldt do as a job?
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Customer service representative doing sales, responding to inquiries, taking collections, driving vehicles, packaging hazardous waste, servicing equipment – 10% of time transporting material
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What was the harm to Wamboldt and class?
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Not paid overtime, commissions reduced by profitability of the service center, no timely payment of final wages
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What is the labor code provision for overtime pay?
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510
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What are the labor code provisions for untimely payment of final wages?
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201-203
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What were the major actions in Safety-Kleen?
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Summary judgment motion, class certification, motion to decertify class
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What was the outcome of the Safety-Kleen summary judgment motion?
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Summary judgment motion denied in part/granted in part – overtime not applicable because of motor carrier exemption – question of fact existed as to the extent that Wamboldt drove hazardous chemicals
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What is the simple basis of the Safety-Kleen decertification motion?
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Individual issues predominate over the application of state and federal motor carrier exemptions
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Why would the motor carrier exemption provide problems of individual issues predominating?
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Would have to analyze daily driving records of workers, invoices, receipts, etc. to see if driving hazardous waste over state lines in trucks of a certain weight (trigger for exemption), Duties and routes vary for workers, to see if they fit within the exemption; require customer and CSR contact,
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