News & Analysis as of

Class Action Wage and Hour

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.

Second Circuit Affirms Summary Judgment in Putative Internship Class

by BakerHostetler on

Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never...more

Google Dodges Gender Discrimination Class Action For Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ellis v. Google, Inc., No. CGC-17-561299 (Cal Sup. Ct. Dec. 4, 2017), Judge Mary Wiss of the Superior Court of California granted a motion to dismiss a class action lawsuit brought by Google employees...more

Class Actions: Maximum Wage and Hour and Other Developments

by Benesch on

Any entity with a sizable hourly workforce is a potential target for class action lawsuits, especially those that do business in California. Many in senior management have a horror story about an inadvertent failure to put...more

Google It: Pay Equity Class Action Complaint Dismissed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case of its kind under the California Fair Pay Act, a court dismissed a pay equity class claim against Google, holding that alleging wage discrimination for “all women” does not plead enough...more

Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation

by Fox Rothschild LLP on

A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly pay them their wages and used a gimmick to...more

United States Judicial Panel on Multidistrict Litigation: November Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation is scheduled for November 30, 2017 in St. Louis, Missouri. Eight matters are set for oral argument to consider motions to transfer each...more

Jury Returns Verdict in Favor of Dollar Tree in Electronic Wage Statement Class Action

On November 7, 2017, after a four-day trial, a federal jury in Los Angeles, California returned a verdict in favor of Dollar Tree Stores, Inc. in a class action filed against the company by former employee Francisca Guillen....more

Lessons You Can Learn From the Chadbourne Litigation and Ensuing Discovery Disputes

by Fisher Phillips on

When you combine an increased social awareness of pay disparity issues with an influx of new pay equity legislation at the state and local level, it’s no surprise that lawsuits involving large and high-profile employers are...more

Electronic Wage Statements — The Next Trap For Employers?

by Carlton Fields on

An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

October 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were newsworthy developments in a number of cases in the area of independent contractor misclassification during the month of October. Those cases were brought against companies in an array of different industries...more

What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final...more

Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions

by Fox Rothschild LLP on

In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.” It does not matter what the facts are. No, they...more

Step Right Up: Tentative Ruling Shows Amusement Park Beats Back Bulk Of Class Bid

by Jackson Lewis P.C. on

In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but...more

The Changing Landscape of Labor and Employment Law under the Trump Administration

by Cohen & Grigsby, P.C on

Abolishing the Federal Contractor “Blacklisting” Rule - In March 2017, President Trump issued an Executive Order revoking, and signed a resolution disapproving, President Obama’s Fair Play and Safe Workplaces Executive...more

September 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

Ninth Circuit Rejects DOL's Interpretation of Tip Credit Rule

Employees who receive gratuities may qualify for a special federal minimum wage set well below the standard $7.25 per hour. Employers are entitled to use the employees’ tips to reach the full minimum wage under the Department...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

9th Circuit Puts Mendoza v. Nordstrom Saga To Rest

by Fisher Phillips on

The 9th Circuit Court of Appeals recently affirmed a lower court’s dismissal of “day of rest” claims brought by two former hourly employees against retail giant Nordstrom. The court determined that the employees were not...more

Workplace Communications Policy Can Limit Later Discovery Burdens

Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more

Nike Prevails On Bag Check Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to...more

Employment Law This Week®: Special “Wage and Hour” Edition

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Key California Employment Law Cases: August 2017

by Payne & Fears on

Arbitration - Sprunk v. Prisma LLC, No. B268755, 2017 WL 3614265 (Cal. Ct. App. Aug. 23, 2017) - Summary: Employer waived right to compel arbitration against class members by not timely pursuing arbitration. ...more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

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