California Labor Lawsuit Can Proceed as a Class Action

Los Angeles, CAA California labor lawsuit alleging various violations to California labor laws will go ahead as a class action, in spite of efforts by the defendants to have the two classes decertified. The original lawsuit was brought in December of 2011 in US District Court, Eastern District of California.

Defendants in the California labor code lawsuit are Synthes USA, Synthes USA Sales, and Synthes Spine Company (known collectively as Synthes Companies, or Synthes). The lead plaintiff in the case, Troy Lindell, alleges in his lawsuit that Synthes failed to reimburse certain employees for business expenses, took unlawful deductions from employees, failed to properly pay employees upon leaving the employ of the company, and engaged in unfair competition. All claims made are alleged to be in violation of various statutes of California labor employment law.

The California labor lawsuit has undergone a few changes since it was originally brought in 2011. Amended in February of 2012, it was further amended in 2013 to include certification of two classes.

The so-called “Expense” class of employees is comprised of sales consultants from the defendant’s Trauma and Spine divisions - and sales consultants from the defendant’s Craniomaxillofacial divisions who received straight commission and higher levels of commission, respectively.

A second class has been dubbed the “Deduction” class and would include all former, current and future sales consultants employed from December 13, 2007 through to the date of the culmination and disposition of the lawsuit.

The two classes were originally certified on March of 2014 by Magistrate Judge Barbara A. McAuliffe. Synthes immediately appealed to the Ninth Circuit for permission to appeal the class certification, but the request was denied.

The defendants then filed a motion to decertify the two classes. On that motion District Court Judge Lawrence J. O’Neill in California District Court turned that motion down as well.

Thus, the two California and labor law class actions will proceed, alleging various violations to California Labor Code Sections 2802, 221, 223 and 300, and 201 through 203.

What’s more, allegations suggest unfair competition in violation of the California Unfair Competition Law (UCL), California Business and Professional Code Sections 17200-210. Finally, the plaintiff is also looking to recover damages under the California Private Attorney General Act (PAGA), California Labor Code Sections 2698-2699.5, and for violations of Labor Code Sections 201-203, 221, 223, 300 and 2804.

The California lawsuit is Troy M. Lindell et al v. Synthes et al, Case No. 1:11-cv-02053 LJO BAM, in the Eastern District of California.