Righetti Glugoski Victories

Announcement:

1. Brown et al v. Wal-Mart Stores, Inc.:$65 Million Settlement against Walmart for failure to provide Seating
   View Order

California Supreme Court:

1. Kilby v. CVS Pharmacy, Inc.: On April 6, 2016 the California Supreme Court ruled in favor of Righetti Glugoski’s clients. The California Supreme Court agreed with Righetti Glugoski by rejecting interpretations of California statutes made by two federal court judges. The Supreme Court not only ruled that all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats, but also set forth the factors which should guide lower court decisions.
   View Decision
2. Sav-on v. Superior Court: On August 26, 2004, the Supreme Court unanimously ruled in favor of Righetti Glugoski’s clients by reversing a court of appeal decision and reinstating the trial court’s class certification order. The Sav-on decision remains a seminal case in the areas of class action and employee rights litigation. The Supreme Court affirmed the discretion of trial courts to certify not only class actions generally, but also exemption misclassification cases specifically.
   View Decision

Ninth Circuit Court of Appeals:

1. Nisha Brown et al. v. Wal-Mart Stores Inc.: On June 8, 2016, the Ninth Circuit Court of Appeals ruled in favor of Righetti Glugoski’s clients when it upheld the district court’s order granting class certification in a case seeking penalties on behalf of thousands of Wal-Mart cashiers who contend they were not allowed to sit even though the nature of their work reasonably permitted the use of seats. By rejecting Wal-Mart’s arguments the case now returns to the district court where Wal-Mart faces a class of workers accusing the company of violating California law by failing to provide seats for its cashiers.
   View Decision
2. Rutti v. Lojack Corporation, Inc.: On March 2, 2010, the Ninth Circuit Court of Appeals ruled in favor of Righetti Glugoski’s clients when it reconsidered and reversed its own earlier decision. The Court reversed a district court decision by holding that an employee required by his employer to travel to and from work in a company vehicle was entitled to compensation under California law for his commute time where the employee was under the control of the employer during the commute.
   View Decision
3. Green v. Bank of America

• First Appeal: On February 3, 2013 the Ninth Circuit Court of Appeals ruled in favor of Righetti Glugoski’s clients by holding that the district court (Judge Manuel Real) erred. The Court of Appeal held that (a) the National Banking Act does not preempt California’s wage and hour regulations, and (b) the district court erred in finding that employees must request a seat before the employer is required to provide one. View Decision
• Second Appeal: After returning to the district court following the first appeal, the district judge dismissed the case again. On October 13, 2015 the Ninth Circuit Court of Appeals again reversed the district court judge finding that sufficient notice had been provided to the bank under the PAGA. The Court of Appeal then took the unusual step of removing Judge Real from the case and reassigning the case to a new judge. View Decision

California Court of Appeals

1. Roberto Martinez vs. Joe’s Crab Shack: On November 10, 2014, the California Court of Appeal reversed the trial court’s order denying class certification. Ruling in favor of Righetti Glugoski’s clients, the Court of Appeal held that a class action remains the best method of resolving wage-and-hour claims and that individual issues will not necessarily overwhelm common issues when a case involves exemptions premised on how employees spend the workday. View Decision
2. Crab Addison, Inc. vs. Superior Court: On December 30, 2008, the Court of Appeal held that employers are required to provide contact information (names, addresses and phone numbers) of other aggrieved employees to the other side in discovery without any need to show prior consent of the employees. ( View Decision)
3. Home Depot v. Superior Court(2011) 191 Cal.App.4th 210 (review denied March 16, 2011) (holding PAGA applicable to seating claims on grounds that Labor Code §1198 incorporates IWC Wage Order protections
   View Opinion
4. Bright v. 99 Cents Only Stores (2010) 189 Cal.App.4th 1472 (review denied February 16, 2011) (same);
5. Hall v. Rite Aid Corporation, 226 Cal.App.4 ^th278 (2014, review denied August 27, 2014);
6. Elder v.Schwan Foods:

• First Appeal: On May 12, 2011, the California Court of Appeal reversed a trial court order that failed to award restitution and penalties following a jury verdict in favor of Righetti Glugoski’s client. The Court of Appeal ordered the trial court to reconsider the equitable remedies of restitution and civil penalties.
  View Decision
• Second Appeal: On February 27, 2013, the employer contended it was deprived of its right to a statement of decision because the trial court did not issue a tentative decision. The Court of Appeal found that there was no prejudicial error and there was sufficient evidence in the record to award restitution and civil penalties for violation of California’s overtime laws.
  View Decision

Central District of California

1. Bargas v. Rite Aid, Central District of California, Case No. 2:13-cv-03865-MWF-JEM
   Recovered overtime and meal period wages on behalf of retail store manager following federal court bench trial. In post-trial proceedings, the Court ordered Rite Aid to pay Righetti Glugoski $309,586.20 in attorneys’ fees and $12,408.64 in litigation costs. For the Court’s decision, please click here
2. Belevich v. Bank of America, N.A., Central District of California, Case No. 15-CV-09171-PSG
   Meal period wages for Bank of America personal bankers in California. Righetti Glugoski successfully negotiated a six million-dollar ($6,000,000.00) settlement on behalf of Bank of America personal bankers/relationship managers in California who were not timely provided meal periods. As a result of the litigation, Bank of America changed its policies and now provides its California branch employees with the opportunity to request an additional hour of premium pay when their work duties prevent them from timely receiving a meal period. For the Court’s Order granting final approval of the settlement, please click here

National Labor Relations Board

Numerous victories on behalf of Righetti Glugoski’s clients based on grievances filed at the NLRB in cases alleging that employers engaged in unfair labor practices by demanding mandatory individual arbitration of employee disputes. Righetti Glugoski has been successful obtaining orders that employers arbitration programs violate the NLRA and ordering that employers cease and desist from NLRA violations.

1. Ross
   (View Decision)
2. UPCS
   (View Decision)
3. Network Capital
   (View Decision)

MULTI-DISTRICT LITIGATION

Appointed by the Hon. Marvin E. Aspen to serve as co-lead counsel in multidistrict litigation against Trans Union in the Northern District of Illinois. The litigation focused on whether Trans Union violated the FCRA when it used its vast database of financial information — which includes the confidential financial information of most adults in the United States — to create and sell “target marketing” lists to advertisers. After nearly a decade of litigation and multiple appeals the case resulted in a settlement with Trans Union valued at more than $100 million (including $75 million in cash). The settlement obtained final approval from the Hon. Robert Gettleman on September 17, 2008. In August 2009, all appeals of the order approving the settlement were dismissed and the settlement became final. Pursuant to the terms of the settlement, credit monitoring relief was distributed to class members and a cash payment to class members took place. We believe the Trans Union certified class is the largest class of individuals ever certified in the United States.