Rest and Meal Break

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

Working Hard Or Hardly Working? The Definition Of “Rest” And Towing Vessel Work-Hour Limitations

by Joseph A. Devall, Jr. | King, Krebs & Jurgens, PLLC on 5/8/2013

An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26' violated the so-called “twelve-hour rule.” According...more

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

by Robert Hingula | Polsinelli on 4/22/2013

On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

California Wage/Hour Update - No. 2, April 2013: Managerial Exemption And Class Actions

by Colin Calvert | Fisher & Phillips LLP on 4/8/2013

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill...more

A Tale of Three Cases: California's Split Over Concepcion Continues

by Kirk Jenkins | Sedgwick LLP on 4/5/2013

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

California Wage/Hour Update, No. 2 - April 2013: "Late Breaking" News

by John Skousen | Fisher & Phillips LLP on 4/4/2013

Boss: Time for your lunch break. Employee: Naw, I’ll just finish up what I’m working on and take my break later. Boss: That’s fine with me, but you are free to go now. Employee: Gotcha! Now you owe...more

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

by Jeffrey Vlasek | BakerHostetler on 3/21/2013

On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States. Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate. With...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

2013 US Labor and Employment Horizon

by K&L Gates LLP on 3/12/2013

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...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

Your Global Workforce in Malaysia

by Alice Wang | Fisher & Phillips LLP on 3/11/2013

Malaysia is both exotic and magical, and we want to ensure that the management of your global workforce in Malaysia is in compliance with all employment and labor laws. The key statutory authorities governing employment and...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

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

by Rodger Eckelberry | Foley & Lardner LLP on 2/19/2013

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

The Top 20 Employer Myths

by Kelly Scott | Ervin Cohen & Jessup LLP on 2/18/2013

The celebration of the 20th anniversary of the Employment Law Reporter, one of the longest running employment law newsletters in the State of California, continues with our take on the top 20 employer myths. Join the...more

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

by Greg Mersol | BakerHostetler on 2/12/2013

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...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 Courts Differ On FAAAA Preemption And Flexibility Provided By Brinker

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (FAAAA) continues to zigzag through California’s federal courts. When...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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