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Willful Violations Over-Time

Fox Rothschild LLP

PAGA Dischargeable in Bankruptcy?

Fox Rothschild LLP on

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

Fox Rothschild LLP

Liquidated Damages And The CEO: When Does Personal Liability Attach?

Fox Rothschild LLP on

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

Fox Rothschild LLP

Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!

Fox Rothschild LLP on

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

Fisher Phillips

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

Fisher Phillips on

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

Proskauer - Law and the Workplace

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

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

McAfee & Taft

What not to do in wage and hour investigations

McAfee & Taft on

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

Pullman & Comley - Labor, Employment and...

New Haven Firefighters Sue Over Overtime Miscalculation

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

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