Sears, Roebuck & Co and its defense lawyers at Orrick Herrington & Sutcliffe brought an end to a California wage and hour class action on Monday, shutting down an attempt by plaintiffs lawyers to get around the U.S. Supreme Court's class-action killer AT&T Mobility v. Concepcion.
The putative class action lawsuit, which alleges that Sears illegally denied workers pay for time spent going through security, met its demise in a 13-page ruling issued by U.S. district judge William Hayes in San Diego. Hayes ruled that the Sears employees waived their right to sue collectively and therefore must arbitrate their wage and hour claims. Plaintiffs counsel argued that the class action waiver was unconscionable under California case law. But Hayes rejected that argument, finding that Concepcion overruled a plaintiff-friendly California case cited by plaintiffs counsel.
