U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number



Case Updates

Case voluntarily dismissed

April 13, 2012

This case was voluntarily dismissed, as the parties reached a settlement.

U.S. Chamber files amicus brief in Fair Labor Standards Act class action

February 16, 2011

NCLC urged the Ninth Circuit to reverse certification for an “issue” class comprised of more than 1,000 current and former truck drivers. The truck drivers allege their employers routinely made them work “off the clock” without providing the overtime pay required by the Fair Labor Standards Act and California wage and hour laws. In its brief, NCLC argued that the class was improperly certified because it did not meet any of the requirements of Rule 23(b). NCLC also argued that certifying an opt-out class action to pursue an Unfair Competition Law claim premised on a violation of the FLSA would undermine Congress’s intent to redress FLSA violations through opt-in collective actions.

Case Documents