United States: Trial Court Properly Denied Class Certification For Unpaid Meal Break Claims

In re Walgreen Co. Overtime Cases, 231 Cal. App. 4th 437 (2014)

The putative class members in this case moved for class certification on the theory that although Walgreens’s stated policy on meal breaks was proper, its actual practice departed from its stated policy in an illegal and class wide way. The trial court denied class certification, and the Court of Appeal affirmed, holding that the evidence was too weak to support certification, including a […]

By | January 22nd, 2015 ||

Australia: The demise of the Road Transport and Distribution Award?

In a decision with major implications for employers employing delivery drivers, a Full Court of the Federal Court (in Transport Workers Union of Australia v Coles Supermarkets of Australia Pty Ltd [2014] 3 November 2014) determined that:

Coles’ employee delivery drivers or Customer Service Agents (CSAs) are covered by the Road Transport and Distribution Award 2010 (Transport Award);
the CSAs are also covered by the General Retail Industry Award 2010 (Retail Award); and
as the relevant classification […]

By | January 22nd, 2015 ||

United States: $300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc)

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her employment. After an eight-day trial, the jury found ASARCO liable on Aguilar’s sexual harassment claims in violation of Title VII of the Civil Rights Act but not on her […]

By | January 21st, 2015 ||