United States Ninth Circuit

In an action brought against a Chinese-language newspaper by some of its California-based employees under the federal Fair Labor Standards Act (FLSA) and under California law, judgment for plaintiffs is affirmed where: 1) the evidence before the district court did not create a genuine issue of material fact as to the reporters' status; 2) the district court did not abuse its discretion in certifying a Rule 23(b)(2) class; 3) the district court did not abuse its discretion in invalidating the opt-outs and in restricting defendant's ability to communicate with class members; 4) substantial evidence supported the jury's verdict; 5) the FLSA does not preempt a state-law section 17200 claim that "borrows" its substantive standard from FLSA; and 5) it was within the district court's discretion to exercise supplemental jurisdiction over the section 17200 claim in this case.

Appellate Information

• Decided 09/27/2010
• Published 09/27/2010

Judges

• William A. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Della Bahan, Michael M. Berger