Over-Time, Class Action | JD Supra Law News

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

by Tracey Holmes Donesky, Kristin Berger Parker | Leonard, Street and Deinard on 5/16/2013

Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...more

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

by Mira Serrill-Robins | Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

Reporters’ Class Action For Unpaid Overtime Should Not Have Been Certified

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment...more

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

by Andrea Brown, Rachel Muoio, Rob Shwarts | Orrick - Global Employment Law Group on 3/21/2013

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

Sutherland Case Reveals Problems In Applying Effective Vindication Of Rights Analysis To Class Action Waivers

by John Lewis | BakerHostetler on 3/19/2013

Introduction In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were...more

California Employment Law Notes - March 2013

by Proskauer Rose LLP on 3/19/2013

In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more

Second Circuit Decision

by Joshua Alloy | Proskauer - Class & Collective Actions on 3/12/2013

In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

by Mark Batten | Proskauer - Class & Collective Actions on 3/6/2013

We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more

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

by Greg Mersol | BakerHostetler on 2/25/2013

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

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

by Sara Dionne, Shannon Seekao, Julie Totten | Orrick - Global Employment Law Group on 2/13/2013

A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more

New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/6/2013

On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard...more

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

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

by Dawn Kennedy, Greg Mersol | BakerHostetler on 1/31/2013

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

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