Labor/Employment
Sep. 30, 2015
Working out burdens in wage and hour actions
The state Supreme Court needs to answer the question regarding what is a plaintiff's burden of proof regarding restitution in certain wage and hour class actions. By Scott D. Nelson
In employment class actions, plaintiffs are increasingly pursuing their claims solely
under California's Unfair Competition Law, which is an equitable cause of action.
Under the UCL, "ordinary citizens ... act as a private attorney general for the State"
to "protect consumers from unfair business practices." In re Tobacco II Cases, 46 Cal. 4th 298, 324 (2009). Plai...
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