A reader asked if there were any recent federal court decisions applying Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, to wage and hour class actions. There are two unpublished District Court decisions that we've seen:
Salazar v. Avis Budget Group, Inc. (S.D. Cal. 2007) 2007 WL 2990281 (defendant ordered to disclose class members' contact information after an “opt-out” notice given); and Hill v. Eddie Bauer (C.D. Cal. 2007) 242 F.R.D. 556, 563, 2007 U.S. Dist. LEXIS 35940 (order disclosing class member identities, including names and addresses).
In Salazar, Magistrate Judge McCurine made the obvious, yet still useful observation that the employer's declaration of concern for class members' privacy rights was "actually driven more by [the employer's own] self-interest."
Pioneer Electronics was also cited with favor in in Bible v. Rio Props., Inc. (C.D. Cal. 2007) 246 F.R.D. 614, 2007 U.S. Dist. LEXIS 80017, but only for general propositions regarding witness identification and balancing privacy interests. It was neither a class action nor a wage and hour case.
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