Bloomberg News Quotes Kun on California Supreme Court Decision on Overtime Pay DisputesBloomberg News August 30, 2007
Michael S. Kun, a member of the firm in EBG's Labor and Employment practice in Los Angeles, is quoted in an August 30 Bloomberg news article on a California Supreme Court ruling that requires a case-by-case analysis of the enforceability of class action arbitration waivers.
According to the article, "Circuit City Can't Deny Group Overtime Pay Actions," many retailers have been sued in California by employees who claim they have been illegally denied overtime pay. Employee class-actions have been more widespread in California than in other places throughout the U.S. because employees can recover more under state law than under federal law, according to Kun.
While many employers had anticipated that the California court would offer more certainty about the enforceability of the waivers, "The only thing that's certain is that there's going to be more litigation," Kun said.