Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
Mass Torts vs. Class Actions: A Tale of Two Strategies
Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead
Entertainment Law Update Episode 160 – August/September 2023
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Podcast: California Employment News - The Basics of Wage Statement Compliance (Part 1)
California Employment News: The Basics of Wage Statement Compliance (Part 1)
What Is Mass Arbitration and How Should Companies Protect Themselves? - The Consumer Finance Podcast
Webinar Recording – Assessing the Surge in Wiretap Litigation
Fashion Counsel: Privacy in the Retail Fashion Industry
Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
ESG and SEC Enforcement: Securities & Exchange Commission v. Vale S.A and its Corporate Takeaways
Current Trends in FCRA Litigation - The Consumer Finance Podcast
It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more
On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more
It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more
The Fair Labor Standards Act’s executive exemption applies to managers whose primary job function involves the supervision of two or more full time equivalents. In recent years, a large number of retailers, hospitality...more
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more
I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance with the FLSA. Many employers,...more
In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more
For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that the booting up of their computers and...more
Wage and hour laws are complex, compliance can be difficult, and mistakes can be very costly. An allegation of a mistake based on application of a policy or practice among a group of employees can result in a Fair Labor...more
The 2-step certification process utilized in Fair Labor Standards Act (FLSA) collective actions dates back to 1987 when the standard was articulated by the court in Lusardi v. Xerox Corp. 118 F.R.D. 351 (D.N.J. 1987)....more
For years, litigation under the Fair Labor Standards Act has grown exponentially. In 2018 there were 8,824 FLSA lawsuits filed, in contrast with only 3,496 in 2008. A leading factor driving this trend is the near automatic...more
Executive Summary: The two-step conditional certification process in Fair Labor Standards Act (FLSA) collective action lawsuits, known as the Lusardi standard, has been the law of the land for over 30 years. The conditional...more
In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying...more
On May 19, 2023, the United States Court of Appeals for the Sixth Circuit became the second federal appeals court to heighten the standard for plaintiffs to obtain court-authorized notice to potential plaintiffs in Fair Labor...more
The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA). On...more
A Pennsylvania battery manufacturer has the dubious distinction of being ordered to pay the largest jury verdict ever awarded to the Department of Labor under the Fair Labor Standards Act - a cool $22 million for failing to...more
In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more
Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more
Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more
On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more
Earlier this month, Governor Mike DeWine signed Senate Bill (SB) 47, which formally adopted sections of the Portal-to-Portal Act (Portal Act) amendments to the federal Fair Labor Standards Act (FLSA), exempting employers from...more
When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class. A recent case demonstrates how difficult it is to...more
How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied to (or not) the main job of the...more