News & Analysis as of

Class Action Incentive Compensation

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Goodwin

Delaware Court Of Chancery Dismisses Remainder 0f Claims Alleging that California Biotech Firm Profited From Nonpublic Information...

Goodwin on

On June 3, 2022, the Delaware Court of Chancery dismissed the final two counts in an action against California biotech firm Vaxart, Inc., finding that plaintiffs failed to adequately allege that certain non-public information...more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

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While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Constangy, Brooks, Smith & Prophete, LLP

Eleventh Circuit Finds “Incentive” Or “Service” Payments For Named Plaintiffs Unlawful

The U.S. Court of Appeals for the Eleventh Circuit recently became the first federal appeals court to explicitly hold that “incentive” or “service” payments for the named plaintiffs in class actions are unlawful....more

Payne & Fears

Key California Employment Law Cases: October 2018

Payne & Fears on

This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Carlton Fields

No Cash Compensation for Class of Amateur Student Athletes

Carlton Fields on

In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

Carlton Fields

Eleventh Circuit Affirms CAFA-Based Remand Order

Carlton Fields on

Just two weeks after the Supreme Court’s decision in Dart Cherokee Basin Operating Co., LLC v. Owens, the Eleventh Circuit affirmed a CAFA-based remand order where the defendant failed to establish by a preponderance of the...more

Orrick - Employment Law and Litigation

Further Down the Rabbit-Hole we go: California’s Troubling Treatment of Incentive-Based Compensation Systems

On July 17, 2013, the California Supreme Court denied review of the Second Appellate District’s decision in Gonzalez v. Downtown LA Motors, 2013 Cal. App. LEXIS 257 (Cal. App. 2d Dist. Mar. 6, 2013), which addressed...more

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