Wage and Hour Class Action

News & Analysis as of

The Story Behind Workplace Class Action Filings In 2016 – Trend #4

As profiled in our Workplace Class Action Report for 2017, overall complex employment-related litigation filings increased in 2016 insofar as employment discrimination cases were concerned, but decreased in the areas of ERISA...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

Workplace Class Action Event Featuring Jerry Maatman and EEOC Acting Chair Victoria Lipnic

On February 9, 2017, Seyfarth Shaw hosted a signal event regarding workplace class action litigation in 2016 and the implications for employers looking to anticipate and prepare for workplace trends in 2017....more

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more

California Court Provides Additional Guidance on Timekeeping Rounding, Grace Period Claims

Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v....more

Cheerleaders Slam NFL with Suit

Just before the Big Game, a former cheerleader for the San Francisco 49ers “Gold Rush Girls” filed a class action lawsuit against the NFL, claiming the league conspired to keep the female athletes’ pay below market value....more

What 2016 Workplace Class Actions Filings Suggest Employers Are Apt To Face In 2017

Seyfarth Synopsis: Workplace class action filings were flat overall and even decreased as compared to levels in 2015. However, that is apt to change in 2017. In the 4th in a series of blog postings on workplace class action...more

January 2017 Independent Contractor Misclassification and Compliance News Update

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

This is Lowe’s, Don’t Be Like Lowe’s: A Checklist For Employers

Have you ever bought an appliance from Lowe’s Home Centers and been told that you have to contact one of its “licensed installers” and setup a time for them to come to your house to install the appliance? Subsequently, when...more

The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016. Not unlike real estate, location – in...more

Employment Law - January 2017 #2

Supreme Court to Decide Validity of Class Action Waivers - Why it matters - After multiple petitions, and amidst a broadening split of the federal appellate courts, the U.S. Supreme Court agreed earlier this month...more

[Webinar] Class Actions and Complex Litigation Webinar Series - The Wonderful World of Wage and Hour - Feb. 14th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel

A recent case reflects that some courts will look not only to the presence or absence of conflicts or litigation misconduct but also to the plaintiffs’ counsel’s experience in other class action cases. In Goers v. L.A....more

What Employers Can Divine From The Largest Workplace Class Action Settlements Of 2016

Seyfarth Synopsis: This is the second in a continuing series of blog posting on key trends impacting employers identified in our 2017 Workplace Class Action Litigation Report. This posting discusses and analyzes key class...more

National Airline Flies Past California Peculiarities

Seyfarth Synopsis: A California federal judge has held that an out-of-state employee’s limited presence in California is not enough on its own to require the employer to comply with California wage and hour laws. Oman v....more

Fenwick Employment Brief

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

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

On-Call Rest Breaks Violate California Law

On Dec. 22, 2016, the California Supreme Court ruled in Augustus, et al. v. ABM Security Services, Inc. that an employer’s policy requiring employees to remain “on call” during paid rest breaks violated state law. This...more

Employment Law – Rest Break Requirement for On-Call Work

Jennifer Augustus, et al. v. ABM Security Services, Inc. - California Supreme Court (December 22, 2016) - The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim...more

Supreme Court to Decide Class Action Waiver Issue

The Supreme Court issued an order today agreeing to hear three cases involving the National Labor Relations Board’s holding that class and collective class action waivers violate Section 8(a)(1). According to the Board’s...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

December 2016 Independent Contractor Misclassification and Compliance News Update

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit

Last week, in McCaster et al. v. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and affirmed the district court’s denial...more

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

State Law Prohibiting Class Actions Does Not Preclude Court From Maintaining Certification and Approving Settlement Agreement

The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter the binding nature of the parties’ settlement agreement, nor does it...more

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