CA Labor Law Blog

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Class Actions
 

Pioneering Defense in California Employment Class Actions

For California employers, the potential dangers of seemingly innocuous violations, such as wage and hour issues, when aggregated, can lead to enormous risks.  From resolving five concurrent class actions for a national employer to successfully opposing numerous motions for class certifications, CDF has defended more than 100 employment class actions in both state and federal courts throughout the state.

CDF is one of the few firms that have tried a wage and hour class action, and our attorneys can aggressively pursue defense strategies that include trial and appellate work. Our class action experience, more than a decade strong, includes counsel throughout California on:

  • Class Action Avoidance
  • Wage and Hour Class Action Defense
  • Discrimination and Unruh Act Class Action Defense
  • Private Attorney General Act (PAGA) Lawsuits
  • Wage and Hour Audits

With the recent decision by the U.S. Supreme Court in the Dukes v. Wal-Mart class action, we have seen a proliferation of representative Private Attorney General Act (PAGA) claims.  CDF   has an established record of successfully defending and resolving these cutting-edge claims for California employers. 

 
Early and Creative Strategies for Class Action Claims
Each class action threat carries a different set of potential risks, costs and business impact to employers.  While some law firms approach high-volume cases in a formulaic manner, CDF prefers an individualized strategy that maximizes true efficiencies.

At the outset of each case, we conduct a thorough analysis of the legal issues simultaneously with a prompt factual investigation. We then formulate a plan that aligns with a client’s litigation goals and budget. Together, we determine if the wisest course is to position the matter for dismissal, settlement or defeat of class certification at the earliest possible juncture. 

CDF’s deep experience in defeating class certification and reducing claims plays a pivotal role in spotting class action defense pitfalls that would otherwise prolong the litigation or drive up defense costs.  CDF attorneys also:

  • Use early discovery or dispositive motions to limit the size and scope of the proposed class and/or claims, and bring creative solutions to settlement negotiations.
  • Deploy a statewide on-the-ground legal team to easily interview putative class members and obtain favorable declarations in a cost-effective manner.  This leads to favorable settlement negotiations or successful opposition of class certification motions. 
  • Conduct classwide merits-based discovery, work with expert statisticians, economists, accountants, and develop effective trial plans.    

CDF’s ahead-of-the-curve approach underscores our belief in the power of a good offense. We continually advise clients on developing legal compliance requirements and implementing effective policies and practices to help them avoid class actions in the first place.  We also conduct audits of our clients’ practices to spot potential problematic areas before they face the specter of expensive class actions.