News & Analysis as of

Wages Fair Labor Standards Act (FLSA) Class Action

Fox Rothschild LLP

Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

Fox Rothschild LLP on

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only has to pay his lawyer’s fees but it also faces...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

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

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

McNees Wallace & Nurick LLC

Third Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability

In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more

Mintz - Employment, Labor & Benefits...

Second Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector...

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception...more

Akerman LLP - HR Defense

The Continuing Saga Of Unpaid Workers & Misclassification Issues

Worker misclassification continues to be an issue at the forefront of today's workplace....more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

BakerHostetler

A Tale of Two Interns: The Challenges of Unpaid Internships

BakerHostetler on

As the number of unpaid interns at healthcare facilities continues to grow, two recent decisions issued by the U.S. District Court for the Southern District of New York involving claims brought by putative classes of unpaid...more

Orrick - Employment Law and Litigation

The High Cost of Hiring Unpaid Interns

Given the difficulty of finding a job in today’s economy, unpaid internships are becoming increasingly popular, particularly for students looking to gain resume-boosting experience....more

BakerHostetler

The Southern District of New York Rules That Internships Must Be Educational (Unlike the Vince Vaughn and Owen Wilson Film of the...

BakerHostetler on

It has been said that the vast majority of movies coming out of Hollywood these days are “brainless.” Despite that (often accurate) description, there are always a handful of films that manage to squeak into theaters and earn...more

BakerHostetler

IRS Says Class Action Settlement Incentive Awards in Wage Based Claims Are Taxable As Wages

BakerHostetler on

On March 15, 2013, the IRS issued a private letter ruling responding to a request for a determination of whether incentive awards paid to class representatives under a settlement agreement resolving a class action suit...more

Sheppard Mullin Richter & Hampton LLP

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

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

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

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

“Hybrid” Wage And Hour Class Actions Approved By Third Circuit

On March 27, 2012, a unanimous three-judge panel of the Third Circuit Court of Appeals issued an opinion in Knepper v. Rite Aid, Inc. reversing the district court’s ruling that the plaintiffs could not pursue state wage and...more

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

FLSA Lawsuits Continue to Rise

Federal judicial statistics confirm the continuing trend involving wage and hour lawsuits that many businesses are experiencing—the number of Fair Labor Standards Act (FLSA) lawsuits continues to grow and set new records each...more

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