News & Analysis as of

Over-Time Wage and Hour Class Action

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Fox Rothschild LLP

Will These Call Center Cases Ever End? Another Settlement Says Probably Not!

Fox Rothschild LLP on

Over the last ten years or so, there have been a rash of class actions involving workers employed at various call centers. These cases involve the performance of work prior to the shift and after, so-called preliminary and...more

Constangy, Brooks, Smith & Prophete, LLP

Pajamas, pennies, and time rounding

In the Broadway musical Pajama Game, based on the 1953 novel 7½ Cents by Richard Bissell, employees at the aptly named Sleep-Tite Pajama Factory want a pay increase of 7½ cents per hour. (Like I said, the novel was written...more

Fox Rothschild LLP

The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!

Fox Rothschild LLP on

I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance with the FLSA. Many employers,...more

Fox Rothschild LLP

Will These Working Time Call Center Cases Ever Stop? I Bet Not!

Fox Rothschild LLP on

It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that the booting up of their computers and...more

Fox Rothschild LLP

Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme

Fox Rothschild LLP on

I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will be dismissed in one court for one reason or another and then the...more

Fox Rothschild LLP

The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model

Fox Rothschild LLP on

The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a Santa Claus giving kids candy at...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Fox Rothschild LLP

Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins

Fox Rothschild LLP on

When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in the notice that gets sent to putative class members. Often, the...more

Fox Rothschild LLP

Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

Fox Rothschild LLP on

“The dog ate my homework” is a common refrain of school children throughout the ages. Well, there is an adult version of that scenario, such as in this case, where an employer tries to blame its payroll company for overtime...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

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

Fox Rothschild LLP

The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention

Fox Rothschild LLP on

There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties cannot release claims and dismiss a suit...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Class Certification and Misclassification

This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more

Jackson Lewis P.C.

FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

Jackson Lewis P.C. on

Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....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

Fisher Phillips

Good News for Ohio Employers as Overtime Laws Will Soon Align with Federal Statute

Fisher Phillips on

When Ohio Governor DeWine signed Senate Bill 47 into effect on April 6, he handed employers a big win by not only exempting overtime pay for commuting and other off-hours work but also requiring workers to affirmatively “opt...more

Epstein Becker & Green

Ohio Enacts Changes to Overtime Exemption Laws and Class/Collective Action Procedures

Epstein Becker & Green on

Earlier this month, Governor Mike DeWine signed Senate Bill (SB) 47, which formally adopted sections of the Portal-to-Portal Act (Portal Act) amendments to the federal Fair Labor Standards Act (FLSA), exempting employers from...more

Fox Rothschild LLP

“Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep...

Fox Rothschild LLP on

When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class. A recent case demonstrates how difficult it is to...more

Jackson Lewis P.C.

Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

Jackson Lewis P.C. on

On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Jackson Lewis P.C.

Store Sampler Representatives Are Exempt Outside Salespersons, First Circuit Holds

Jackson Lewis P.C. on

Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Fox Rothschild LLP

FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!

Fox Rothschild LLP on

I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas industry employees who are seeking pay for their travel...more

Fisher Phillips

Top 10 Wage and Hour Trends for 2022 – and What Employers Should Do to Prepare

Fisher Phillips on

We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...more

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