Employer Performance-Based Rate Scheme for Automobile Repair Upheld Under California Law -
With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs’ counsel...more
While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective bargaining agreements can both affect and be fatal to wage and hour...more
It turns out the lunch really is free.
With low-hanging fruit like claimed misclassification of low-level supervisors already plucked, plaintiffs increasingly turn to more novel claims. ...more
In virtually every case, so-called off-the-clock disputes come down to the situations of individuals rather than classwide conduct. An employee may claim that a night supervisor told them not to record time after midnight. An...more
One of the tactics in the current plaintiffs’ wage and hour playbook is to bring a second claim after settlement of an initial class or collective action lawsuit. In these cases, the second set of claims is purportedly...more
Back in October, we reviewed a number of California cases that, for the most part, denied certification in cases in which certification would have largely been a foregone conclusion only a few years ago. The first few days of...more
Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a...more
One can only imagine the outcome the plaintiffs' attorneys were anticipating: a case against the financial industry, involving non-exempt employees subject to an auto-deduct policy for meal periods, in the Southern District...more
“If at first you don’t succeed, try, try, again,” or so the adage goes. A recent case suggests that may not always be the right strategy or, more apropos to this blog, that off-the-clock cases make poor fodder for class...more
We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more
A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more
1/31/2013
/ Arbitration ,
AT&T Mobility ,
Class Action ,
D.R. Horton ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
Gentry ,
Macy's ,
NLRA ,
NLRB ,
Over-Time ,
Preemption ,
Rest and Meal Break
The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy....more
In the wake of the California Supreme Court’s decision in Brinker Restaurant v. Superior Court, 165 Cal. 4th 1004 (2012) (see our post on the decision), cases refusing to certify rest and meal period have become far more...more