In Coast-to-Coast Rulings, Courts Certify Classes In Worker Misclassification Suits

KEY TAKEAWAY

Recent class certification decisions in worker misclassification suits illustrate the litigation risks of maintaining common employment policies and practices.

In August 2022, federal courts in California and New Jersey issued two class certification decisions that may signal an uptick in worker misclassification suits. In Roman v. Jan-Pro Franchising Int'l, Inc., the plaintiffs were three janitors who alleged that the defendant violated certain labor laws applicable to employees by misclassifying the plaintiffs as independent contractors.¹ In Bedoya v. Am. Eagle Express, Inc., the plaintiffs were couriers who made similar claims.²

The courts in both cases certified classes under Federal Rule of Civil Procedure 23 over the defendants' objections. The key finding in both decisions was that common questions of law or fact would predominate over individualized questions, thus satisfying Rule 23(b)(3). For instance, in both cases, the courts