Greg Mersol

Greg Mersol

BakerHostetler

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Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers

A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name,...more

7/21/2014 - Class Action Delivery Drivers Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Over-Time Trucking Industry Unpaid Overtime

California District Court Rejects Overtime Settlement Over $50,000 Incentive Awards

Large incentive awards continue to jeopardize class action settlements. We wrote on February 14 about recent cases in which Circuit Courts rejected settlements due to disproportionate incentive awards. A recent case from the...more

4/29/2014 - Class Action Incentive Awards Over-Time Settlement Unpaid Overtime

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more

2/25/2013 - Class Action Class Certification FLSA General Electric Off-The-Clock Over-Time Wage and Hour

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

1/31/2013 - Arbitration AT&T Mobility Class Action D.R. Horton D.R. Horton v NLRB Federal Arbitration Act Gentry Macy's NLRA NLRB Over-Time Preemption Rest and Meal Break

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