News & Analysis as of

Class Action Job Duties

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.
Fox Rothschild LLP

Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

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One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in the customer...more

Fox Rothschild LLP

Yet Another Preliminary/Postliminary Class Action: More Of The Same

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I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating company on that...more

Fox Rothschild LLP

Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist

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When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is murkier. In a case testing these...more

Fox Rothschild LLP

Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!

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How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against Burlington Coat Factory. The claim is (again)...more

Fox Rothschild LLP

Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29...

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I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most well-intentioned employers sometimes will not...more

Fox Rothschild LLP

Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!

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The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in the health care industry. The federal Judge has granted...more

Fisher Phillips

6 Questions To Ask To Avoid COVID-19 Wage And Hour Lawsuits

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With well over 175 COVID-19-related employment lawsuits already having been filed nationwide, employers need to keep abreast of ongoing issues that impact the physical and remote workplace. One area where employers need to be...more

Seyfarth Shaw LLP

An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt

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Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more

K&L Gates LLP

Working Wise: Proactive Strategies for Pay Equity Issues

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In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more

Bass, Berry & Sims PLC

California Employers Reminded that Failure to Provide "Suitable Seating" Could Prove Costly

Since 2009, many large retailers in California have been sued for failing to provide “suitable seating” in accordance with the state’s wage orders. Some of those employers have recently been forced to pay significant...more

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

Seyfarth Shaw LLP

To Seat, or Not to Seat: That is the Question

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Seyfarth Synopsis: Seats must be provided for each location where the work reasonably permits. It started like a bad joke. A cashier and a bank teller walk into a bar—actually, a federal court served by the Bar—and sue...more

Latham & Watkins LLP

Sitting on the Job: When California Employers Must Provide Seats

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Employees are entitled to sit at work when the nature of the work reasonably permits the use of seats. On April 4, 2016, the California Supreme Court, in an opinion authored by Justice Carol A. Corrigan, clarified...more

Dorsey & Whitney LLP

Question #275: Can We Take A Stand On Employees Sitting?

Dorsey & Whitney LLP on

Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal...more

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