California Supreme Court

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California Supreme Court enforces use of non-class representative suits for class action

June 29, 2009

Agreeing with NCLC, the California Supreme Court held that Proposition 64 requires non-class representative action under the Labor Code Private Attorney General Act to satisfy all of the requirements for a class action. However, disagreeing with NCLC, the court ruled these requirements do not need to be met when an employee takes representative action against an employer seeking civil penalties under the same statute.

U.S. Chamber files amicus brief

May 01, 2008

NCLC urged the California Supreme Court to hold that Proposition 64 precludes non-class representative class actions under the Labor Code Private Attorney General Act. In this case, an employee attempted to bypass the class certification requirements by seeking to pursue non-representative claims for labor code violations (such as overtime compensation and meal and rest break violations) on behalf of other employees.

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