Lily Jeung, Amy Sayers and Darren Walchesky, on behalf of themselves and all other similarly situated v. Yelp Inc.
Published: Oct. 10, 2015 | Result Date: Aug. 13, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:15-cv-02228-RS Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Adrianos M. Facchetti
(Law Offices of Adrianos Facchetti PC)
Facts
Lily Jeung and other named plaintiffs filed a purported class action against Yelp Inc. under the Fair Labor Standards Act.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Yelp had a legal duty to treat reviewers as employees under FLSA and compensate them accordingly. Plaintiff was allegedly hired by Yelp as a writer, while others were hired and unceremoniously fired. Plaintiff moved for class certification.
DEFENDANT'S CONTENTIONS:
Defendant filed an anti-SLAPP motion seeking to dismiss the complaint for, among other things, failure to state a claim for relief. Defendant also denied plaintiff's allegations, especially pointing out plaintiff's unusual use of the terms "hired" and "fired." Plaintiff allegedly used the term hired to refer to the act of signing up for an account that enables the public to submit reviews and the term fired for having an account involuntarily closed.
Result
The court granted Yelp's motion to dismiss and denied Jeung's motion for class certification.
Other Information
FILING DATE: May 18, 2015.
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