This document summarizes James Evans' representative experience in labor and employment law, including wage and hour class action lawsuits. It lists several class action lawsuits that Evans has litigated against transportation, retail, and other companies involving claims such as misclassification of employees, unpaid wages, missed meal and rest periods. It also lists Evans' defense experience of numerous employment arbitrations and other class action matters involving claims such as disability discrimination, pregnancy discrimination, and Fair Credit Reporting Act violations.

1. James Evans
Labor & Employment–Representative Experience
 Employmentwage and hour class action against San Diegotransportation company alleging
$2 billionindamages based on misclassificationof driversas independentcontractors. On
behalfof a class of more than 1,000 drivers,plaintiffsought reimbursementofexpenses,
unpaid overtime,unpaidwages for “off-the-clock” workand penaltiesfornon-compliantwage
statementsand untimelypayment of wagesat termination. Plaintiffalso soughtpenalties
under California’sPrivate AttorneyGeneral Act as well as reliefunderCalifornia’sUnfair
BusinessPractices Act. Class certificationmotiondenied.
 Employmentwage and hour class action against national retailerallegingmisclassificationof
managers. On behalfof a class of several hundredmanagers, plaintiffalleged claimsfor
reimbursementofexpenses, unpaidovertime, unpaidwagesfor missedmeal and restperiods,
and unpaid wages for “off-the-clock” work. Plaintiffalsosought reliefunderCalifornia’s
UnfairBusinessPractices Act. Classclaims dismissedwithprejudice on motion,and affirmed
on appeal.
 Employmentwage and hour class action against Santa Monica transportation company
allegingmisclassificationofindependentcontractors. Plaintiffssoughtreimbursementof
expenses,unpaidovertime,unpaidwagesfor “off-the-clock” workandpenaltiesfor non-
compliant wage statements and untimelypaymentof wages at termination. Plaintiffalso
sought penaltiesunderCalifornia’sPrivate Attorney General Actas well as reliefunder
California’sUnfairBusinessPractices Act. Class claims dismissed,andremainingindividual
claims triedto defense judgment.
 Employmentwage and hour class action against a national transportation company inwhich
plaintiffallegedclaimsfor unpaidwages for missedmeal and rest periods,failure to pay
minimumwages, failure to pay overtime, and unfair competition. The court granted the
company’s motionto compel arbitration, dismissedplaintiff’sclassclaims,and ordered
plaintiffto arbitrate her claims. The action settledfora nominal sum (lessthan $2,000).
 Employmentwage and hour class action against a national transportation company alleging
unpaid wagesfor missedmeal and rest periods,failure to pay minimumwage, unpaid
overtime,and unfair competition. Plaintiff alsosought penaltiesunderCalifornia’sPrivate
Attorney General Act. The court granted the company’s motionto compel arbitration,
dismissedplaintiff’sclassclaims, and orderedplaintiff’sindividual claimsto be arbitrated.
After a two weekarbitration, plaintiffwas awarded only nominal damages.
 Four separate employmentwage and hour class actions brought against national
transportation company. On motion ofdefendants,actions were coordinatedby order of the
CaliforniaJudicial Council. In the actions, plaintiffssoughtunpaid overtime,unpaidwages,
damages for missedmeal and restperiods,and penaltiesunderCalifornia’sPrivate Attorney
General Act. The class claims inall of the actions were dismissedonmotion of defendant.

2. The trial court ordered the plaintiffsto arbitrate their individual claims exceptfor theirPrivate
Attorney General Act claims. Plaintiffsthendismissedall of their claimsexceptthe PAGA
claims. Defendantthenmoved to arbitrate certain parts of the PAGA claims. The court
deniedthe motion to compel arbitration and an appeal basedupon preemptionunderthe
Federal Arbitration Act is pending.
 Employmentwage and hour class action against national retailerallegingwrongful conduct by
employerinaccusing employeesof theft(various CaliforniaLabor Code violationsand unfair
competition),wrongful withholdingofwages,and untimelypayment of wagesat termination.
Action is pending.
 Two separate employmentwage and hour class actions against a national currency exchange
company allegingfailure to pay overtime,missedmeal and restperiods,unfair competition,
unpaid wagesfor “off-the-clock” work,anduntimelypayment ofwages at termination.
Actions are pending.
 Two separate employmentwage and hour class actions brought against a national magazine
distributioncompany on behalfof several hundredtruck drivers. Plaintiffsallege claimsfor
reimbursementofexpenses, unpaidovertime,unpaidwagesfor “off-the-clock” work,and
penaltiesfornon-compliantwage statementsand untimelypayment ofwages at termination.
PlaintiffsalsoseekpenaltiesunderCalifornia’sPrivate Attorney General Act as well as relief
under California’sUnfairBusinessPracticesAct. The actions are pending.
 Employmentwage and hour class action against a major mobile communicationsprovider
brought on behalfof retailsstore managers. Plaintiffsallege claimsfor unpaid overtime,
unpaid wagesfor missedmeal and rest periods, and penaltiesfornon-compliantwage
statementsand untimelypayment of wagesat termination. Plaintiffsalsoseekpenalties
under California’sPrivate AttorneyGeneral Act and reliefunderCalifornia’sUnfairBusiness
Practices Act. The action is pending.
 Defense of numerousemploymentwage and hour class actions against national
transportation company allegingfailure topay overtime, missedmeal and rest periods,unfair
competitionsand PAGAclaims; class claims dismissedonmotionto compel arbitration and
individual actionsordered to arbitration.
 Numerousemploymentarbitrationsbefore the AmericanArbitration Association including
claims for wage and hour violations,sexual harassment,pregnancy discrimination, federal and
state disabilitydiscrimination,andmeal and rest periodviolations(all tried to defense
awards).
 Claimsbrought against national retailerunder California’sFair Employment& Housing Act.
Tried before a jury with motionfor non-suitgrantedand defendantawardedall of its
attorneys’ fees.
Other ClassAction Experience
 A federal nationwide class action (ND CAL) brought in connectionwith subprime loan
foreclosures;case dismissedonmotion and affirmedon appeal in the 9th Circuit.

3.  A federal nationwide class action (ND CAL) brought against national retailerunder the
Americanswith DisabilitiesAct. Jim didnot handle the action initially. Our clientbrought Jim
in to oversee overseeingcompliance witha nationwide classsettlementaffectingfacilities
across the U.S. In fifteenseparate cases brought after settlementofthe class action, Jim
successfullyusedthe class settlementtoobtain the dismissal of the later filedactions. The
actions were filedinthe Northern,Eastern, Central and Southern Districts ofCalifornia. In
some of these cases, Jimbrought motionsto dismissbefore Magistrate JudgesDonna Ryu and
Maria Elena James ofthe Northern District of California.
 A federal class action (CD CAL) allegingviolationsoffederal and state law in connectionwith
recordingof customer calls; motionto compel arbitration of individual claimsand dismissal of
class claims granted.
 A federal class action (CD CAL) brought underthe Fair CreditReporting Act with more than $2
billionclaimed;class certificationmotiondenied.
 A federal class action (CD CAL) brought against national transportation company under the
UCL and CLRA for false advertisinginconnection with vehicle rentals;motion for class
certificationdenied.
 A federal consumerclass action (ED CAL) brought for anti-trustviolationsarising out of FTC
consentdecree (price fixing);motionto dismissgranted.
 A federal consumerclass action (MA) brought for anti-trust violationsarisingout of FTC
consentdecree (price fixing);motionto dismissgranted.
 A federal consumerclass action (WA) broughtfor violationof federal privacy laws; case
dismissedonmotion and affirmedon appeal in9th Circuit.
 A federal class action (ND CAL) brought underthe ADA against a national apparel retailer;
resolvedfor nominal payment.
 A Californiaconsumer class action (Santa Cruz County) brought against a national vehicle
rental company allegingfalse advertisingand unfair competition. Aftera three weektrial,
claim for restitutionrejectedand a single word of advertisingwas eliminatedbythe
judgment. Court refusedto certify a damages or restitutionclass.
 A Californiaconsumer class action (LA SuperiorCourt) brought against hospital and parent
healthcare company underUCL and CLRA based on allegedoverchargesfor emergency
healthcare servicesprovidedto uninsuredpatients;case is pending.
 A Californiaconsumer class action (LA SuperiorCourt) brought under UCLand CLRA against
national transportation company seekingmore than $50 million;motionto dismissgranted
with prejudice (case settledafterinterimdismissal order made and before plaintifffiledan
appeal).