Case Studies

Novel Theory Minimizes Class Claims Against CA Federal Contractor Employer

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In responding to an appellate decision that permitted, for the first time, wage claims against federal contractors in California to be pursued in state court, CDF successfully limited the claims by raising the unique argument that work performed on federal land was not subject to application of California wage and hour laws.  Faced with issues never litigated by federal contractors, we crafted a constitutional argument based on the longstanding but little used “federal enclave” doctrine. CDF convinced the court both that damages would not be available to employees working on land carved out of California for federal use, and that the issues raised invited class decertification, placing a heavy burden on the plaintiffs to ascertain class membership.

LOCATION:
Superior Court of California, County of Los Angeles

COUNSEL:
Dave Carothers
Nancy G. Berner

Attorneys

Dave Carothers

Nancy G. Berner

Practices