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Class Action Blog

As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

Class Action Blog
December 2, 2018

Ninth Circuit: Same Injuries in State Class Action Settlement Barred Later Filed Federal Fair Labor Standards Act Collective Action

Summary: Three PLS Check Cashers’ (“PLS”) employees filed a consolidated class action complaint asserting violations of several wage and hour and wage statement provisions of the California Labor Code. They settled their state class action claims on a class basis and obtained final court approval under California’s counterpart to Federal Rule 23, resulting in a state court judgment, referred to as the Dieguez settlement. The judgment order stated in part that “Class Members shall take nothing from defendants… except as expressly set forth in the Joint Stipulation of Settlement and Release.” Notice was given to the class members who were given an opportunity to opt out of the settlement class. Pearl Rangel, a PLS worker, was a member of the Dieguez settlement class. She did not opt out and she did not object to the settlement.