Temp Nurses & Hospital Techs Class Certified Despite Differing Housing Benefits

With staffing agencies gaining a greater foothold in the employment market, their employees face unique challenges in trying to hold them accountable for wage-and-hour violations. The staffing business model—where employees ostensibly under the staffing agency’s control are lent out to different companies—is often deemed to preclude class certification, since the assigned positions and duties can be too varied, creating too many individualized inquiries. However, one court recently rejected this line of reasoning in a case involving nurses’ and hospital technicians’ claims for housing benefits provided by Fastaff, a travel nurse staffing agency. See Dalchau v. Fastaff, LLC, No. 17-cv-01584-WHO (N.D. Cal. April 9, 2018), Order Granting Motion for Class Certification and Denying Motion to Stay (slip op. available here). The plaintiffs avoided commonality and predominance problems by emphasizing that the defendant employer’s policy inflicted a…

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