#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors
Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter
What's the Tea in L&E? Mouse Jigglers: WFH Fraud
The Chartwell Chronicles: Employment Law Updates
#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast - Episode 27: The Importance of Employment Counsel in Corporate Transactions with Laura Mallory and Ashley Parr of Maynard Nexsen
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know (Podcast)
Employment Law Now VIII-145 – Status Update: Injunctions for FTC Non-Compete Ban and DOL Overtime Exemption Regs
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
Hospice Labor and Employment Trends - Get Up to Speed Fast: What You Need to Know About the New Rules Involving Non-Competes and Exempt Employees
The Burr Broadcast: FLSA Overtime Exemption
Work This Way: A Labor & Employment Law Podcast - Episode 22: Compensation Programs with Carrie Cavanaugh of Find Great People
California Employment News: Can Pre- and Post-Shift Activities Be Compensated
Work This Way: A Labor & Employment Law Podcast - Episode 21: Economic, Industry, and Workforce Development in the City of Greenville with Mayor Knox White
Clocking in with PilieroMazza: Labor and Employment News for Government Contractors
EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year - Employment Law This Week®
California Employment News: Brief Overview of Leave Laws All California Employers Should Be Aware Of (Podcast)
California Employment News: Brief Overview of Leave Laws All California Employers Should Be Aware Of
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
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
Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more
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
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
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
Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is...more
Seyfarth Synopsis: Calculating the correct “regular rate of pay” for overtime hours under California law, in order to properly factor in certain types of bonuses, can give nightmares to even the most diligent employers. The...more
On April 24, 2020, the District Court for the District of New Jersey in Sundel Quiles, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart, 2:16-cv-09479 (D.N.J. April 24, 2020) recently considered a motion for class...more
The whole trick for a plaintiff (and his lawyers) in a FLSA collective action case is to try to get conditional certification. Once that happens, the stakes automatically escalate for the defendant-employer, often leaving...more
I often preach that, when dealing with a class action, the employer should try to pick off the named plaintiff, perhaps overpaying to do so (or maybe not). In this interesting case, the parties settled (i.e. with the named...more
In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...more
Seyfarth Synopsis: The first key trend from our 15th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. ...more
Seyfarth Synopsis: In a recent decision, the Third Circuit Court of Appeals rebuked a Pennsylvania district court’s skeletal analysis of plaintiffs’ class action claims. Particularly, the court took issue with the district...more
This is an interesting case because it combines the elements of necessary, but not proven, commonality of situation for class certification and a quirky element of overtime calculation based on a unique FLSA provision. The...more
It is vital for employers to remember that when non-exempt employees earn commissions, those commissions must be included in the computation of their regular rate when they work overtime. The inclusion of the commissions...more
ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more
The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more
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 have been an unprecedented number of changes for the past few years—and this past month...more
Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more
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
On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more
Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved...more
Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class...more
DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more