Wage Law

With the recent publication of the Tien case, we decided to check up on the progress of Pioneer Electronics (USA), Inc. v. Superior Court (2005) 128 Cal.App.4th 246, which is currently under review by the California Supreme Court. Pioneer Electronics dealt with the requisite notice and opportunity to assert a consumer's privacy right accompanying a precertification communication to members of a putative class in a consumer case. The court of appeal held that a trial court must take reasonable steps to assure that the consumer receives actual notice of his or her right to grant or withhold consent of the release of personal information, and that consent for such release be by the consumer's positive act, rather than by mere failure to respond.

It is a matter of great concern to employment class action lawyers. So what's the latest? The case is fully briefed, including a large number of amicus briefs, and the parties are awaiting notice of oral argument being set. Maybe we will get a ruling before the end of the year.