L. Anderson v. Michaels Stores Inc

ORDER

Plaintiff-Appellee Lisa Anderson’s Petition for Panel Rehearing and/or Clarifica tion is GRANTED. The memorandum disposition previously filed on May 19, 2016 is withdrawn and a replacement memorandum disposition shall be filed forthwith with this order.

MEMORANDUM

Defendant-Appellant Michaels Stores, Inc. (Michaels) appeals the district court’s order denying Michaels’s motion for judgment on the pleadings. Michaels contends that the claims of Plaintiffs-Appellants Lisa Anderson and twenty-four other claimants are barred by the statutes of limitation. These claims include Michaels’s failure to.pay overtime wages, Cal. Lab. Code §§ 510 (a) and 1194, failure to provide accurate wage statements, Cal. Lab. Code § 226 (e); failure to pay all wages due, Cal. Lab. Code § 20B, and engagement in unfair competition, Cal. Bus. & Prof. Code § 17200 et seq.We have jurisdiction under 28 U.S.C. § 1292 (b), and we reverse.

At issue is whether, applying the doctrine outlined in American Pipe & Construction Company v. Utah, 414 U.S. 538, 556-59 , 94 S.Ct. 756 , 38 L.Ed.2d 713 (1974), the statutes of limitation for Anderson’s claims tolled during the pen-dency of a 2006 and 2011 class…