SELECT DECISIONS

Karali, et al. v. Branch Banking & Trust Co. (BB&T)16-cv-2093 (D.N.J. May 9, 2017) (stipulation and order granting conditional certification of class under Fair Labor Standards Act and authorizing distribution of notice in lawsuit alleging that BB&T's real estate evaluators and appraisal review officers were improperly denied overtime).

Boesch, et al. v. Chubb Ltd. 4:16-cv-035360-YGR (N.D. Cal. May 10, 2017) (stipulation and order granting conditional certification of class under Fair Labor Standards Act and authorizing distribution of notice in lawsuit alleging that Chubb’s insurance appraisers were improperly denied overtime).

Marino v. CACafe, et al., 16-cv-6921-YGR, Dkt. #68 (N.D. Cal. Apr. 28, 2017) (order invalidating releases under Chindarah v. PickUp Stix, issuing corrective notice, and prohibiting defendant's contact with class members, after defendant procured release of wage claims from class members through misleading communications)

Mar v. Genuine Parts Company (NAPA Auto Parts), 15-cv-1405 (E.D. Cal. Apr. 26, 2017)(Dkt. #40) (granting approval of nationwide class FLSA settlement negotiated by Bryan Schwartz Law, providing Executive Management Trainees with thousands of dollars a piece in individual relief and reclassifying position as non-exempt)

Caponio v. Boilermakers Local 549, et al., 16-cv-3919 (N.D. Cal. Apr. 25, 2017) (order largely denying motion to dismiss by construction trade union defendants accused of sex and age discrimination, finding that the joint apprenticeship program and the international union could be held to answer as an integrated enterprise with the Local)

Marino v. CACafe, 16-cv-6291 (N.D. Cal. Mar. 16, 2017) (order requiring disclosure of class list in action challenging misclassification of employees as independent contractors and denial of overtime and other pay)

Kimble, et al. v. Solidifi US Inc., 16-cv-6614 (W.D.N.Y. Feb. 9, 2017) (order approving 29 U.S.C. sec. 216(b) FLSA collective action notice in overtime case on behalf of real estate staff appraisers)

Buckingham, et al. v. Bank of America, 15-cv-6344-RS (N.D. Cal. Jan. 26, 2017) (Dkt. #87) (order preliminarily approving $6.6M settlement for 478 treasury service employees, along with reclassification of positions as non-exempt, and appointing Bryan Schwartz Law as class counsel)

Amenya, et al. v. Henry Industries, Alameda Co. Super. Ct. RG15754205 (Jan. 13, 2017) (order granting final approval to wage-hour class action settlement for delivery drivers alleging misclassification as independent contractors).

Boesch v. Federal Insurance Company, Chubb Ltd., et al., 4:16-cv-03536-YGR (N.D. Cal. Dec. 9, 2016) (order requiring Chubb Insurance to produce contact information for putative class members in lawsuit alleging that Chubb’s insurance appraisers were improperly denied overtime).

Quiles, et al. v. Koji's Japan Inc., et al., Civ. No. 30-2010-00425532-CU-OE-CXC (Orange County Superior Court October 18, 2016)  (final judgment awarding approximately $950,000 to lead plaintiff in class action, who was wrongfully terminated after filing suit alleging meal period and wage violations; judgment includes back pay, emotional distress damages, punitive damages, liquidated damages, and attorneys’ fees and costs).

Johnson v. Quantum Learning Network (Supercamp), 5:15-cv-05013-LHK (N.D. Cal. Sept. 23, 2016) (order granting preliminary approval to wage settlement on behalf of team leaders at academic summer program alleging they were misclassified as exempt under the camp counselor exemption)

Yim, et al. v. Carey Limousine NY, Inc., et al., 14-cv-4883 (JO) (E.D.N.Y. Sept. 9, 2016) (order granting final approval of $2.1 million settlement, with corporate changes implemented, negotiated by Bryan Schwartz Law as class counsel for limousine drivers alleging they were misclassified as independent contractors)

Jenkins, et al. v. G4S, JCCP No. 4545 (Los Angeles Superior Court Aug. 3, 2016) (granting final approval to class settlement for security guards alleging meal period violations)

Amenya, et al. v. Henry Industries, Alameda Co. Super. Ct. RG15754205 (Aug. 4, 2016) (order granting preliminary approval to wage-hour class action settlement for delivery drivers)

Martin, et al. v. Yasuda, et al., Ninth Circuit Case No. 15-55696, 829 F.3d 1118 (9th Cir. July 21, 2016) (published) (affirming Central District of California denial of Defendants' motion to compel arbitration, on the basis of Defendants' waiver following substantial litigation activity, including Defendants' failed motion to dismiss)

Nevatt v. Board of Trustees of California State University, San Francisco State University, Case No. CGC-15-543905 (San Francisco Superior April 29, 2016) (order denying in its entirety defendant's motion for summary judgment in whistleblower retaliation action)

Quiles, et al. v. Koji's Japan Inc., et al., Civ. No. 30-2010-00425532-CU-OE-CXC (Orange County Superior Court April 19, 2016)  (judgment awarding $383,500 to lead plaintiff in class action, who was wrongfully terminated after filing suit alleging meal period and wage violations)

Yim, et al. v. Carey Limousine NY, Inc., et al., 14-cv-5883 (WFK) (JO) (E.D.N.Y. Apr. 7, 2016) (order preliminarily approving $2.1 million settlement on behalf of limousine drivers alleging they were misclassified as independent contractors and approving Bryan Schwartz Law as class counsel)

Jenkins v. Whitestone Group, Case No. CGC-14-541930 (San Francisco Superior Court Mar. 30, 2016) (final approval of class action wage-hour settlement for security guards disputing on-duty meal periods, in which Bryan Schwartz Law served as co-class counsel)

Jenkins, et al. v. G4S Government Solutions, Inc., JCCP No. 4545 (Los Angeles Sup. Ct. March 23, 2016) (preliminary approval of class action wage-hour settlement for security guards disputing on-duty meal periods, appointing Bryan Schwartz Law as co-class counsel)

Quiles, et al. v. Koji's Japan Inc., et al., Civ. No. 30-2010-00425532-CU-OE-CXC (Orange County Superior Court March 2 and 3, 2016)  (jury verdict for $380,500 for lead plaintiff in minimum wage suit, who was wrongfully terminated after filing a class action) 

Boyd, et al. v. Bank of America, et al., 13-cv-00561-DOC, Dkt. #397 (C.D. Cal. Jan. 19, 2016) (order granting final approval to $36M settlement on behalf of 369 residential real estate staff appraisers)

Ford, et al. v. Axis Appraisal Management, et al., Case No. Civ. 1403236 (Marin Co. Super. Ct. Dec. 2, 2015) (final approval of wage-hour settlement for appraisers)

Jenkins v. Whitestone Group, Case No. CGC-14-541930 (San Francisco Superior Court Nov. 20, 2015) (preliminary approval of class action wage-hour settlement for security guards disputing on-duty meal periods, appointing Bryan Schwartz Law as co-class counsel)

Boyd, et al. v. Bank of America, et al., 13-cv-00561-DOC, Dkt. #371 (C.D. Cal. Sept. 28, 2015) (order granting preliminary approval to $36M settlement on behalf of roughy 365 residential real estate staff appraisers)

Ford, et al. v. Axis Appraisal Management Solutions, et al., Case No. Civ. 1403236 (Marin Co. Super. Ct. Sept. 9, 2015) (preliminary approval of class action wage-hour settlement for real estate appraisers and review appraisers, appointing Bryan Schwartz Law class counsel)

Afsharipour v. Saks Fifth Avenue, Case No. CGC 536636 (SF Super. Ct. July 29, 2015) (denying defendant's motion for summary judgment in gender and age harassment lawsuit)

In re Arthur J. Parent, Jr., 15-bk-10290-CB (C.D. Cal. Bkr. May 11, 2015) (order sanctioning wage/hour individual owner joint employer defendant for frivolous bankruptcy filing at the outset of Superior Court trial; full fees awarded to Bryan Schwartz Law and co-counsel for bankruptcy proceedings)

Boyd, et al. v. Bank of America, et al., 13-cv-00561-DOC, Dkt. #307 (C.D. Cal. May 6, 2015)(order granting partial summary judgment to Plaintiffs holding residential real estate appraisers are entitled to overtime, and denying Defendants' motion seeking to strip the appraisers claims regarding denied meal and rest periods and for federal and state wage law penalties)

Ford, et al. v. Yasuda, et al., 13-cv-1961 (PSG), Dkt. #101 (April 29, 2015) (order denying motion to compel arbitration based upon waiver, where, after losing a motion to dismiss on core issues in the case, Defendants first sought to compel arbitration 17 months into the litigation)

Lee, et al. v. JPMorgan Chase, et al., Civ. 13-1511 (JLS), Dkt. #95 (C.D. Cal. April 28, 2015) (order granting final approval of $2.4 million settlement for appraisers in Chase's Commercial Term Lending division, including prospective relief)

Sisneros v. San Francisco Municipal Transportation Agency, California Court of Appeal, First District - Division Two, Case No. A139360 (April 2, 2015) (ruling for union bus driver terminated without just cause, reversing order denying petition for writ of administrative mandamus, directing SFMTA to reinstate Sisneros with full back pay and benefits).

Meyer v. Kerry (Dept. of State), EEOC Request No. 0520140506 (February 19, 2015) (order refusing to reconsider EEOC's order affirming class certification for applicants to the Foreign Service denied or delayed in hiring because of their disabilities, based upon the "worldwide availability" policy)

Boyd, et al. v. Bank of America, et al., 13-cv-00561-DOC, 2014 WL 6473804 (C.D. Cal. Nov. 18, 2014)(order granting final approval of $5.8 million nationwide, class action settlement plus reclassification of review appraiser position as non-exempt from wage laws, confirming awards of enhancement to named plaintiff and one-third attorneys' fees, plus costs, to class counsel, Bryan Schwartz Law and co-counsel)

Lee, et al. v. JPMorgan Chase, et al., Civ. 13-1511 (JLS), Dkt. #78 (C.D. Cal. November 13, 2014) (order granting preliminary approval of $2.4 million settlement on behalf of 158 class members, appraisers in Chase's Commercial Term Lending division, and appointing Bryan Schwartz as co-Class Counsel)

Quiles, et al. v. Koji's Japan Inc., et al., Civ. No. 30-2010-00425532-CU-OE-CXC, Dkt. #831(Orange County Superior Court November 7, 2014) (order denying defendants' motion for summary judgment or summary adjudication, brought by individual owner and owner's other company as to joint employer and alter ego allegations, and denying summary judgment on retaliatory wrongful discharge claim by lead class plaintiff)

Kairy, et al. v. Supershuttle, et al., Case No. 08-CV-02993 JSW, Dkt. #404 (N.D. Cal. Nov. 3, 2014) (order granting final approval of $12 million class action settlement plus significant injunctive relief for airport van drivers; Bryan Schwartz Law represented subclass of secondary drivers who worked for franchisees/primary operators)

Garcia, et al. v. Landmark Hospitality, et al., Case No. CGC-13-532871 (S.F. Superior Court August 25, 2014) (order granting final approval of class action settlement to provide compensation in case brought by minimum wage, bar/restaurant workers alleging meal and rest period and other wage violations)

Ford v. Yasuda, et al., 13-cv-1961 PSG (C.D. Cal. July 30, 2014) (holding that California's Labor Code "employer" definition can encompass cosmetology school students working at for-profit school salons)

Boyd, et al. v. Bank of America, et al., 300 F.R.D. 431 (C.D. Cal. June 27, 2014) (order granting class certification of a case alleging misclassification of residential real estate appraisers as exempt from wage laws and appointing Bryan Schwartz Law and co-counsel as class counsel)

Boyd, et al. v. Bank of America, et al., 13-cv-00561-DOC, Dkt. #229 (C.D. Cal. June 23, 2014) (order granting preliminary approval of $5.8 million nationwide, class action settlement plus reclassification of review appraiser position as non-exempt from wage laws, appointing Bryan Schwartz Law and co-counsel as class counsel)

Kairy, et al. v. Supershuttle, et al., Case No. 08-CV-02993 JSW, Dkt. #388 (N.D. Cal. June 12, 2014) (order granting preliminary approval of $12 million class action settlement plus significant injunctive relief for airport van drivers, appointing Bryan Schwartz Law class counsel for a subclass)

Meyer v. Kerry (Dept. of State), EEOC Appeal No. 0720110007 (June 6, 2014) (order affirming class certification for applicants to the Foreign Service denied or delayed in hiring because of their disabilities, based upon the "worldwide availability" policy) 

Garcia, et al. v. Landmark Hospitality, et al., Case No. CGC-13-532871 (S.F. Superior Court February 7, 2014) (order granting preliminary approval of class action settlement to provide compensation in case brought by minimum wage, bar/restaurant workers alleging meal and rest period and other wage violations)

Wright, et al. v. Adventures Rolling Cross Country, et al., Civ. 12-00982, Dkt. #174 (N.D. Cal. January 24, 2014) (order granting final approval of class action settlement, compensating Trip Leaders of teen tours and reclassifying employees as non-exempt and entitled to minimum wage/overtime for all domestic work hours) 

Boyd, et al. v. Bank of America, et al., Case No. SACV 13-0561-DOC (United States District Court for the Central District of California December 11, 2013) (order granting conditional class certification under the Fair Labor Standards Act 29 U.S.C. sec. 216(b) to a nationwide class of appraisers and review appraisers alleging they were misclassified as exempt from overtime, and ordering issuance of a court-approved notice).

Azadi, et al. v. Carey Limousine, et al., Case No. CGC-12-527396 (S.F. Superior Court November 12, 2013) (order granting final approval of class action settlement, compensating limousine drivers alleging they were misclassified as independent contractors)

Lee, et al. v. JPMorgan Chase, et al., Civ. 13-1511 (JLS), Dkt. #63 (C.D. Cal. November 14, 2013) (order denying Defendants' motion to have the court decide the question of individual vrs. class arbitration and denying the motion to compel arbitration on an individual basis)

Wright, et al. v. Adventures Rolling Cross Country, et al., Civ. 12-00982, Dkt. #164 (N.D. Cal. September 24, 2013) (order granting preliminary approval of class action settlement, to provide compensation to a class of former Trip Leaders and reclassifying Trip Leader position to ensure payment of minimum wage and overtime)

Azadi, et al. v. Carey Limousine, et al., Case No. CGC-12-527396 (S.F. Superior Court July 23, 2013) (order granting preliminary approval of class action settlement, to provide compensation to a class of limousine drivers allegedly misclassified as independent contractors)

Quiles, et al. v. Koji's Japan Inc., et al., Civ. No. 30-2010-00425532-CU-OE-CXC, Dkt. #346 (Orange County Superior Court May 6, 2013) (order granting class certification in case alleging meal and rest period violations and unlawful tip pooling)

Wright, et al. v. Adventures Rolling Cross Country, et al., C-12-0982 (EMC) (Docket #125)(April, 24, 2013) (granting Plaintiffs' motion for summary judgment rejecting the tour operator/"trip and travel camp" provider's claimed "organized camp exemption" for trip leaders, requiring payment of minimum wages and overtime, and also holding that Plaintiffs are entitled to such wages during full workweeks during which they worked any part in the U.S./California, even if some part of those weeks was spent abroad/outside of California).

Laughlin v. VMWare, 11-cv-530 (EJD) (Docket #58) (December 20, 2012) (confirming AAA clause construction award allowing wage-hour claims to proceed as a class in arbitration, over employer's Stolt-Nielsen-based motion to vacate the award)

Indymac Resources, Inc., v. Carter, SACV 12-27-JST (MLGx) (October 4, 2012) (court denying in part Government's motion to dismiss, holding that former employee could claim "earned severance" compensation as an administrative expense of the Receiver for his services to the FDIC, as IndyMac's receiver) 

Laughlin v. VMWare, American Arbitration Association Case Number 74 160 Y 00068 12  (August 27, 2012)(clause construction award allowing wage-hour claims to proceed as a class in arbitration, despite employer's Concepcion and Stolt-Nielsen arguments)

Sanchez v. Sephora USA, Inc., Case No. 11-03396 SBA, Dkt. 27 (N.D. Cal. July 18, 2012) (order granting Plaintiff's motion for conditional certification involving nationwide Fair Labor Standards Act class, where only four class member declarations were presented). 

Wright, et al. v. Adventures Rolling Cross Country, et al., Civ. 12-0982 EMC (Docket #63 ) (N.D. Cal. June 15, 2012) (granting Plaintiffs corrective notice to the putative class and prohibiting Defendants from future direct contacts with class members, where Defendants had sent putative class members inappropriate emails discouraging participation).

Martinez, et al. v. Incom Mechanical, et al., 3:11-CV-01392 SI (N.D. Cal. May 21, 2012) (order granting final approval to class action settlement, with Bryan Schwartz Law as co-class counsel, paying $550,000 to 112 plumbing contractor employees for travel time and other wage claims) 

Adlao, et al. v. JPMC, et al., 4:10-cv-04508-SBA (N.D. Cal. May 2, 2012) (order granting final approval to seven-figure class action wage settlement for approximately 150 review appraisers who were reclassified as non-exempt, with Bryan Schwartz Law as co-class counsel)

Winters v. County of Solano, Case No. FCS035144 (Cal. Super. Ct. Solano County) (March 28, 2012)(denying a public employer Defendant's motion to strike an attorneys' fees claim under Cal. Lab. Code section 1102.5, finding such fees recoverable under Cal. Code Civ. Pro. 1021.5).

Laughlin v. VMware, Inc., 2012 WL 298230 (N.D. Cal. Feb. 1, 2012) (severing provisions in arbitration agreement as unconscionable under Armendariz and referring matter to arbitration without deciding employer's Concepcion and Stolt-Nielsen class waiver argument).

Zinman v. Wal-Mart, 09-cv-02045-CW (N.D. Cal. Jan. 6, 2012) (Wilken, J.) (Dkt. #69)(granting final approval of wage-hour class action settlement negotiated by Bryan Schwartz).

Winters v. County of Solano, Case No. FCS035144 (Cal. Super. Ct. Solano County) (September 2, 2011)(denying Defendant's motions for summary judgment/summary adjudication in Cal. Lab. Code sec. 1102.5 whistleblower retaliation suit, and refusing to limit Plaintiffs' potential damages). 

Quiles, et al. v. Koji's Japan Incorporated, et al., Civ. No. 30-2010-00425532 (Docket #55) (Orange County Superior Court, April 29, 2011) (sustaining Plaintiffs' demurrer to cross-complaint brought by Defendant employer against former non-exempt line "managers" in its restaurant, alleging the low-wage workers were responsible for the company's failure to provide putative class members meal and rest periods and pay overtime).

Gebhardt v. Chu (Department of Energy) and Northrop Grumman, Civ. 10-2807 MEJ (Docket #26) (N.D. Cal. December 16, 2010) (granting Plaintiff equitable tolling, and rejecting Defendant Department of Energy's motion to dismiss for lack of jurisdiction based on Plaintiff's purported failure to exhaust administrative remedies).

Meyer, et al. v. Clinton (Department of State), EEOC Case No. 570-2008-00018X (September 30, 2010) (certifying class action based upon disability discrimination in State Department's Foreign Service Officer hiring)

Pearson, et al. v. Samsonite Company Stores, Inc., et al., Civ. 09-1263 JSW (Docket #81) (N.D. Cal. April 9, 2010) (approving settlement of case which resulted in approximately $1 million worth of relief to nationwide class of dozens of current and former Store Managers, along with the permanent reclassification of the position as non-exempt company-wide)

Maher v. Ideal Computer Services, Inc., No. RG07348498 (Cal. Sup. Ct. Alam. Co.) (June 9, 2009) (denying summary judgment on age discrimination claim; and, reversing tentative ruling granting summary judgment against punitive damages claim, after oral argument)

Stanfield, et al. v. First NLC Financial Services, LLC, Civ. 06-3892 SBA (Docket #324) (N.D. Cal. December 21, 2007) (approving $14 million settlement for wage and hour claims of class of approximately 3,000 workers nationwide) 

Rivera, et al. v. Solstice Capital Group, Civ. 07-1852 PSG (Docket #95) (C.D. Cal. December 8, 2008) (preliminary approval by a Federal Court of class certification for a class of hundreds of employees, and a settlement of hundreds of thousands of dollars for the class)(final approval granted February 23, 2009, Docket #109) 

Wong v. HSBC Mortg. Corp. (USA), 2008 WL 753889 (N.D.Cal. March 19, 2008) (certifying nationwide FLSA class and granting summary judgment as to most of defendants' exemption defenses) 

Clark v. Wells Fargo Financial, Inc., 2008 WL 4787444 (M.D.N.C. October 30, 2008) (rejecting motion to dismiss class claims based on notion of collateral estoppel from prior certification motion elsewhere in country) 

Szittai v. Wells Fargo Financial, Inc., 2008 WL 4647739 (N.D.Ohio October 20, 2008) (same) 

Castle v. Wells Fargo Financial, Inc., 2008 WL 2079192 (N.D.Cal. May 15, 2008) (allowing plaintiffs to amend to add claims on behalf of loan processors throughout California) 

Ulloa v. Potter (United States Postal Service), 2008 WL 2561939 (D.Ariz. June 24, 2008) (order granting motion to amend, holding that Title VII does not preclude constitutional claims and that Plaintiff can assert deprivation of a Due Process property interest in her Postal Service employment) 

Nigam v. Dept. of Housing and Urban Dev., EEOC No. 100-2005-00204X (extensive discrimination and retaliation findings by Commission against Bush Administrative Cabinet-level official; post-judgment settlement approved July 30, 2008) 

Castle v. Wells Fargo Financial, Inc., 2007 WL 1105118 (N.D.Cal. April 10, 2007) (favoring equitable tolling for a class of approximately 14,000 employees' Fair Labor Standards Act (FLSA) claims – tolling granted June 29, 2007 (Dkt. #163)) 

Cross v. Smithsonian Inst., 106 M.S.P.R. 140 (M.S.P.B. May 9, 2007) (denying agency's appeal of decision granting full relief) 

Stanfield v. First NLC Financial Services, LLC, 2006 WL 3531729 (N.D.Cal. December 5, 2006) (in FLSA case, rejecting Defendant's attempt to insert adverse language into notice of FLSA action to putative class of 4,000+ employees) 

Cross v. Small, 2006 WL 2819758 (D.D.C. Sept. 29, 2006) (defeating summary judgment in District Court, EEO retaliation case) 

Cross v. Smithsonian, Docket No. DC-1221-06-0039-W-2 (MSPB September 7, 2006) (winning reinstatement and full relief in Merit Systems Protection Board, whistleblower case). 

Jordan v. US Dept. of Treasury, 102 M.S.P.R. 390 (June 27, 2006) (winning reinstatement and full relief in Merit Systems Protection Board, removal case) 

Bhat v. District of Columbia Water & Sewer Authority, 2003 CAA 00017 (DOL November 1, 2005) (winning reinstatement and full relief in U.S. Department of Labor, environmental whistleblower case) 

Rice v. US Dept. of Agriculture, 97 M.S.P.R. 501 (September 30, 2004)(establishing a new, more protective standard for whistleblower protections)