News & Analysis as of

Non-Exempt Employees Exempt-Employees Class Action

That is SO last week - October 2015 #3

by Zelle LLP on

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Trial Court Should Have Certified Class Claims Of Managerial Employees

Roberto Martinez and three other current or former employees of Joe’s Crab Shack (“JCS”) filed this putative class action asserting that they and similarly situated salaried managerial employees had been misclassified as...more

California Supreme Court: Newspaper Carriers Can Proceed With Class Action Challenging Independent Contractor Status

On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as...more

Fenwick Employment Brief - June 2014

by Fenwick & West LLP on

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

Statistical Sampling in Class Action Trial Violated Defendant's Due Process Rights

by Hinshaw & Culbertson LLP on

In a unanimous decision, the California Supreme Court on May 29 reversed a class action verdict for a class which was based on a flawed statistical model to determine liability and damages. Duran v. U.S. Bank National...more

Essential Employment Policies for Family Businesses, Part II

by Davis Wright Tremaine LLP on

In this second round of “must-have” employment policies, we focus on rest breaks and meal periods. It can be devastating for any business, but especially a family-run business, to face claims of non-compliance with wage and...more

California Restaurant Managers Get Second Chance at Class Action

by Hinshaw & Culbertson LLP on

In Martinez v. Joe’s Crab Shack Holdings, the California Court of Appeal for the Second Appellate District reversed an order denying class certification to a group of managerial restaurant employees allegedly misclassified as...more

Burr Alert: Top 10 Bank Hidden Employment Issues

by Burr & Forman on

Demographic market concentration trends, regulatory changes, and business condition developments raise legal issues your bank's lawyer may not be aware of; here are my top ten: 10. Reconsider arbitration policy...more

California’s Wage Orders: Landmines and Goldmines

by Snell & Wilmer on

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more

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