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De Minimis Defense Closes Shop on Starbucks Barista’s Off-the-Clock Claim in the Central District of California

On March 7, 2014, Judge Feess of the Central District of California granted Defendant Starbucks’ motion for summary judgment on Plaintiff’s proposed class claims for unpaid wages under the California Labor Code. Plaintiff...more

3/26/2014 - Affirmative Defenses De Minimis Claims Starbucks Wage and Hour Wages

Post This! Private Employers Not Required to Display Pro-Union NLRB Posters

The National Labor Relations Board (“NLRB”) recently announced that it would not seek Supreme Court Review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most...more

1/15/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements Unions

Court is in Session: Three Employment Law Cases Before the Supreme Court to Watch This Term

The United States Supreme Court is now in session and three cases stand out on the docket that private employers will want to follow. While not the blockbusters heard during the Court’s last session, these cases will address...more

10/8/2013 - Canning v NLRB Collective Bargaining FLSA NLRB Recess Appointments Retaliation Sandifer v U.S. Steel Corp Sarbanes-Oxley SCOTUS Whistleblowers

You Can’t Get Paid for Sleeping on the Job

Employees who live in employer-provided housing as part of their job may not so easily claim wages for 24-hour periods of work under California’s Wage Orders, according to a recent opinion, Mendiola v. CPS Security Solutions,...more

7/23/2013 - Employee Housing Employer Liability Issues Full-Time Employees Rest and Meal Break Wage and Hour

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

5/7/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 SCOTUS

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

3/21/2013 - Class Action Dukes v Wal-Mart FLSA Over-Time Rest and Meal Break SCOTUS Wage and Hour Wang v Chinese Daily News

California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces Arbitration Agreement under Concepcion

Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more

1/30/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act FLSA Macy's NLRB Preemption Wage and Hour

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