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Over-Time Class Action Minimum Wage

Littler

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Littler on

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

Constangy, Brooks, Smith & Prophete, LLP

U.S. Supreme Court upholds arbitration agreements, even in PAGA actions

SCOTUS gives California employers a break. Many California employers can breathe more easily because claims under the California Private Attorneys General Act can no longer be used to circumvent employee agreements to...more

Cozen O'Connor

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines (ALERT)

Cozen O'Connor on

California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

PilieroMazza PLLC

FLSA and Wage and Hour Issues for Restaurants

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

PilieroMazza PLLC

[Webinar] FLSA and Wage-and-Hour Issues for Restaurants - December 7th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on

The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

Buckingham, Doolittle & Burroughs, LLC

Minimum Wage and Overtime Law: The Most Overlooked Employment Issue of the 21st Century

The Fair Labor Standards Act regulates minimum wage and overtime due to employees. It was passed in the 1930s. It was largely forgotten until the late 1990s, when some entrepreneurial plaintiffs’ lawyers rediscovered the FLSA...more

K&L Gates LLP

Working Wise: Recent Supreme Court of Pennsylvania Ruling on Fluctuating Workweek Method of Calculating Overtime

K&L Gates LLP on

The Supreme Court of Pennsylvania recently held that the fluctuating workweek method of calculating overtime, which is permitted under the federal FLSA, is not permitted under Pennsylvania law. In this podcast, we will...more

Morgan Lewis

Wage Theft Act Becomes Law in New Jersey

Morgan Lewis on

New Jersey’s new Wage Theft Act will likely make the state a destination for wage and hour class actions as the new law includes critical employee protections and harsher penalties for employers, and extends the statute of...more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

BakerHostetler

California Court of Appeals Affirms Employer Class Action Wage and Hour Win at Trial

BakerHostetler on

Employer Performance-Based Rate Scheme for Automobile Repair Upheld Under California Law - With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs’ counsel...more

BakerHostetler

New York District Court Rejects Putative Class Settlement Involving Interns

BakerHostetler on

An improper class still isn’t a class even if you settle - Here’s something you don’t see every day. A district court has rejected the settlement of a proposed class and collective action – not due to the usual reasons such...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

Jackson Lewis P.C.

Defining Who Is Part Of The FLSA Collective Action Party

Jackson Lewis P.C. on

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more

Littler

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2018

Jackson Lewis P.C. on

Minimum wage: Tip traps Brewster’s Homestyle Bar & Grill is a favorite local chain, with eight popular restaurants in the city. The restaurants are constantly busy, with tables turning over at a steady clip. Consequently,...more

Fisher Phillips

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

Franczek P.C.

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

Fisher Phillips

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

Fisher Phillips on

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

Fenwick & West LLP

Fenwick Employment Brief

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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 beyond. ...more

Franczek P.C.

What Employers Can Expect From The Trump Administration

Franczek 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

Littler

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

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

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