Rudy Exelrod & Zieff, LLP // Class Actions

For the past decade, Rudy, Exelrod & Zieff, LLP has been the leader in the representation of employees in wage and hour class actions. The firm pioneered the use of class action litigation to recover unpaid overtime wages for employees and obtained the largest overtime judgment in United States legal history in the landmark class action case, Bell, et al. v. Farmers Insurance Exchange, in which the total recovery exceeded $200 million.

We have also brought class actions to address other types of violations, such as a class action lawsuit against SBC Communications (Dudley, et al. v. SBC Communications, Inc.), which accused SBC of systematically violating the California Family Rights Act and the Family Medical Leave Act. The settlement in that case required SBC to pay millions of dollars to the class members and to change its medical certification form.

Please contact us if you would like to discuss a potential case. We are currently working on a number of class actions against major employers:

Helgren v. Amgen, Inc., Case No. 06-07182, U.S. District Court for the Central District of California.

Engel v. EMD Serono, Inc., Case No. 07-00117, U.S. District Court for the Northern District of California.

Ruggeri v. Boehringer Ingelheim Corp., Case No. 06-01985, U.S. District Court for the District of Connecticut.

Rudy, Exelrod & Zieff, along with co-counsel, represent current and former pharmaceutical representatives in several class action lawsuits seeking to recover for unpaid overtime, and related claims. The lawsuits accuse the pharmaceutical companies of violating the Fair Labor Standards Act (FLSA), and certain state wage and hour laws by, among other things, failing to pay overtime. The proposed classes consist of thousands of current and former pharmaceutical representatives employed by Amgen, Boehringer, and EMD Serono across America.

For more information on the cases, visit www.amgenovertimelawsuit.com (for information related to the Amgen case), or contact attorneys, David Lowe or John Mullan.

Mora, et al., v. Big Lots Stores, Inc., Case No. BC 360411, Los Angeles County Superior Court.

We represent, along with co-counsel, current and former store managers in a class action lawsuit seeking to recover for unpaid overtime, and related claims. The lawsuit accuses Big Lots Stores of, among other things, failing to pay overtime wages to their store managers despite their job duties being predominantly non-exempt. The plaintiffs' Complaint asks the court to order Big Lots to pay its Store Managers for the overtime they have worked in the past, and to start paying overtime to current employees in the eligible positions.

For more information on the case, please contact attorneys David Lowe or John Mullan.

Prentice, et al., v. The Fund for Public Interest Research, Case No. C 06 776 EMC, U.S. District Court for the Northern District of California.

We represent current and former street canvassers in a class action lawsuit seeking to recover for unpaid overtime and related claims. The lawsuit accuses the Fund of, among other things, failing to pay overtime wages to its canvassers who work the streets canvassing for various advocacy organizations. The plaintiffs' Complaint asks the federal court to order the Fund to pay its street canvassers for the overtime they have worked in the past, and to start paying overtime to its current canvassers.

For more information on the case, please contact attorneys David Lowe or John Mullan.

Cook, et al. v. Fisher Investments, Inc., Case No. CIV 453331, San Mateo County Superior Court

Plaintiffs filed a class action lawsuit alleging that Fisher Investments misclassified their "Account Executives" as exempt from overtime pay despite the fact that the job duties of the employees fail to meet the criteria for any exemption from the right to overtime pay. The Plaintiffs also accuse Fisher Investments of illegally retaliating against a named plaintiff for raising concerns about Fisher Investments' failure to pay overtime to its Account Executives.

For more information on the case, please contact attorneys Steven Zieff or Kenneth Sugarman.

Chou, et al. v. Starbucks, Corp., Case No. GIC 836925, San Diego County Superior Court

We represent, along with co-counsel, a class consisting of over 120,000 current and former Starbucks Baristas who were required to pool their tips with their supervisors in violation of the California Labor Code. On March 20, 2008, Judge Patricia Yim Cowett of the San Diego County Superior Court awarded the class members approximately $105 million in restitution and interest.

For more information on the case, please contact attorneys David Lowe and Steven Zieff.

Rosenburg, et al., v. IBM, Case No. C06-0430-PH, U.S. District Court for the Northern District of California

We represent, with co-counsel, approximately 37,000 current and former IBM technical support employees in a class action lawsuit. The lawsuit accuses IBM of failing to pay overtime wages to employees who install, maintain or support computer software or equipment. The plaintiffs' Complaint asked the federal court to order IBM to pay technical employees for the overtime they have worked in the past, and to start paying overtime to current employees in the eligible positions. On November 22, 2006, IBM agreed to settle the class-action lawsuit for a total of $65 million. The $65 million settlement, if finally approved by the Court, will compensate the plaintiffs for their unpaid overtime and related claims. On January 11, 2007, the Northern California District Court gave preliminary approval to the $65 million settlement.

For more information on the case, visit www.overtimepaylawsuitagainstibm.com or contact attorneys, David Lowe or Kenneth Sugarman.

Gerlach, et al. v. Wells Fargo & Co., Case No. C-05-0585-CW, U.S. District Court for the Northern District of California

In a class action lawsuit filed in federal court, plaintiffs charged that global financial services corporation Wells Fargo has a common practice of refusing to pay overtime compensation to its business systems employees in violation of the Fair Labor Standards Act (FLSA), as well as state labor laws. The provisionally certified collective action class consists of current and former employees with the title of Business Systems Consultants, e- Business Systems Consultants, and Business Systems Analysts employed by Wells Fargo across America. The plaintiffs alleged that Wells Fargo unlawfully characterizes those employees as exempt in order to deprive them of overtime pay. On January 19, 2007, the Northern California District Court gave final approval to a $12.8 million settlement of the class action lawsuit. The $12.8 million will be used to compensate the plaintiffs for their unpaid overtime.

For more information, please refer to www.wfovertimelawsuit.com, or contact attorneys, David Lowe or Patrice Goldman.

In re: American Family Mutual Insurance Company Overtime Pay Litigation, MDL Case No. 1743, United States District Court for the District of Colorado

In a class action lawsuit filed in federal court in Denver, Colorado, plaintiffs charge that American Family Mutual Insurance Company has a common practice of refusing to pay overtime compensation to its auto property damage claim adjusters in violation of the Fair Labor Standards Act and the overtime laws of four states. The plaintiffs allege that American Family Mutual Insurance Company unlawfully characterizes the claims adjusters as exempt in order to deprive them of overtime pay.

For more information about the case, please see www.americanfamilyovertimelawsuit.com, or contact attorneys, David Lowe or Kenneth Sugarman.

Gan v. Schoenmann (In Re: NorthPoint Communications, Inc.), AP No. 01-3107 TC, United States Bankruptcy Court for the Northern District of California

Plaintiffs filed a class action adversary proceeding alleging that debtor NorthPoint Communications Inc. violated the Workers Adjustment Retraining and Notification Act (“WARN Act”) by failing to give notice before a mass layoff in March 2001. Plaintiffs are seeking sixty days of backpay from the bankruptcy estate. On February 27, 2007, the Bankruptcy Court for the Northern District of California gave preliminary approval to a $3 million settlement in the class action lawsuit.

For more information about the case, contact attorneys David Lowe or Alan Exelrod.

Rodriguez, et al. v. Homegain.com, Case No. RG05246985, Alameda County Superior Court
Plaintiffs filed a class action lawsuit alleging that Homegain.com misclassified inside salespersons and operations employees as exempt from overtime pay. The Plaintiffs also accuse Homegain.com of violating the California Labor Code by requiring a release before paying overtime wages and by telling employees not to discuss the terms of the payments.

For more information on the case, please contact attorney David Lowe.