Equitable tolling won't save your class (action)

Wage and hour class actions are a favorite tool used by plaintiffs' attorneys to turn individual small-dollar claims into big bucks. In a victory for employers, a court of appeal recently overturned California precedent that allowed tolling (extending) of the statute of limitations for class claims from the date the putative class action was filed up to the time class certification was denied. Under past cases, as long as a putative class action was filed within the applicable statute of limitations, any class member could file a new action based on the same claims upon denial of class certification even if the new action was outside the limitations period. The new decision provides certainty that the statute of limitations for class claims truly does create a stopping point for class liability.

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