News & Analysis as of

Putative Class Actions Wage and Hour Minimum Wage

Saul Ewing LLP

Eleventh Circuit Clarifies FLSA Public-Agency Volunteer Exception

Saul Ewing LLP on

On March 12, 2024, the Eleventh Circuit affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants who volunteered at a public golf course operated by Palm Beach County,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Washington Class Action Raises Concerns for Employers Under State’s Noncompete Ban

A putative class action recently filed in Seattle, Washington, against a solar energy equipment company could be the first lawsuit to test the bounds of the state’s relatively new restrictions on noncompetition agreements for...more

Proskauer - California Employment Law

Service Technicians May Be Entitled To Compensation For Travel Time

Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) - In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

FordHarrison

Judge Refuses To Dismiss Domino’s Collective Action Without Seeing Settlement Agreement

FordHarrison on

On May 17, 2019, Judge Renee Marie Bumb of the United States District Court for the District of New Jersey rejected the parties’ request to dismiss a Fair Labor Standards Act (“FLSA”) lawsuit without the Judge’s review of the...more

Payne & Fears

Minor League Compensation and the Save America’s Pastime Act of 2018

Payne & Fears on

“BASEBALL IS LIFE. The rest is just details.” To members of the Green Valley High School (Henderson, Nevada) varsity baseball team in the mid-1990s, this wasn’t just a catchphrase on a t-shirt; it was gospel. We lived and...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

Carlton Fields

New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA

Carlton Fields on

Plaintiffs, former insurance agents for defendants New York Life Insurance Company and its related companies, brought a putative class action seeking recovery for allegedly illegal wage deductions and violations of overtime...more

Holland & Knight LLP

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

Holland & Knight LLP on

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

Orrick - Trade Secrets Group

For Here or To Go? Senators Introduce Bill to Ban Noncompete Agreements, Increase Mobility For Sandwich Makers and Other Low-Wage...

Congress is getting into the non-compete business.  Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity...more

Bradley Arant Boult Cummings LLP

Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage

A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I...more

Ballard Spahr LLP

FLSA Wage and Hour Lawsuit Filed against NCAA

Ballard Spahr LLP on

A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

Ballard Spahr LLP

Federal Court: Employer’s Method of Calculating Overtime Violated Pa. Statute

Ballard Spahr LLP on

A federal district judge in Pennsylvania recently found that RadioShack’s method of computing overtime violates the Pennsylvania Minimum Wage Act (PMWA). In Verderame v. RadioShack Corp., the plaintiff brought a putative...more

Littler

California Supreme Court Clarifies Requirements of Commissioned Employee Exemption

Littler on

In recent years there has been substantial litigation regarding whether and how employers may satisfy California minimum wage requirements for compensation plans involving commissions. In Peabody v. Time Warner Cable, Inc.,...more

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