News & Analysis as of

Over-Time Class Action

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations...more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

by Fox Rothschild LLP on

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and...more

“Day of Rest” Requirement Measured By Workweek, Not Every Seven-Day Period

California employers must allow their employees to take one day of rest per each workweek, unless they work less than 30 hours per week or each shift in that workweek is 6 hours or less, the California Supreme Court decided...more

California Supreme Court Clarifies "Day of Rest" Requirements

by Bass, Berry & Sims PLC on

In a big win for California employers, the California Supreme Court ruled on May 8, 2017 that employers are not required to provide employees with a “day of rest” on a “rolling seven-day basis,” but must only ensure that...more

California Supreme Court’s “Day Of Rest” Ruling Puts Employers At Ease

by Fisher Phillips on

In an unanimous decision, the California Supreme Court held today that California’s law requiring one day of rest in seven looks only at the employer’s defined workweek when determining the applicable period of time to be...more

Too Personal To Proceed: Personal Bankers’ Certification Bid Bounced Again

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved...more

Don’t Let Your Efforts to Reduce Overtime Lead to a Class Action

by Fox Rothschild LLP on

Wages, salaries, and benefits make up a large proportion of costs for most businesses. One way to control these costs is to control how much overtime employees work. In California, nonexempt (i.e. hourly) employees are...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

Fenwick Employment Brief

by Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

Class Action Roundup: Fall 2016

by Alston & Bird on

In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

Employment Law Navigator – Week in Review: December 2016 #3

by Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

What Employers Can Expect From The Trump Administration

by Franczek Radelet P.C. on

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

by Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Emerging Trends Newsletter - Q2

by Stinson Leonard Street on

We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter. Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation - Recent...more

Payment for Not Taking Benefits – Additional Compensation

by Ruder Ware on

A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act,...more

Accountant and Attorney Liability Newsbrief - Spring 2016

by LeClairRyan on

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the...more

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

Fourth Circuit Says Insurance Investigators Do Not Qualify for Overtime Exemption

Property and liability insurance carriers typically employ inspectors whose jobs involve investigations in support of their claims adjustment functions. Last month, the Fourth Circuit Court of Appeals (which includes North...more

Fenwick Employment Brief

by Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Play Ball and Win ‘Em All—Overtime Hits the Big Leagues

Continuing the trend of expanding Fair Labor Standards Act (FLSA) overtime rules outside the traditional realm of hourly manufacturing or retail workers, two recent events show that employers should be aware that exemption...more

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

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