Litigation and COVID-19: How to Protect Your Business in This Time of Crisis
Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties to be...more
The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in their overtime suit are claiming the failure was...more
How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against Burlington Coat Factory. The claim is (again)...more
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more
Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more
Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on...more
On September 1, 2015, a total of 174 current and former firefighters filed a lawsuit against the City of New Haven (the “City”) seeking, among other things, back pay, liquidated damages, interest and attorney’s fees. The...more