News & Analysis as of

Class Action Wage and Hour Appellate Courts

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.
Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more

Jackson Lewis P.C.

California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour...

Jackson Lewis P.C. on

In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims...more

Fox Rothschild LLP

How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

Fox Rothschild LLP on

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join a collective FLSA action?...more

Jackson Lewis P.C.

California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA

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The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating...more

Bradley Arant Boult Cummings LLP

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s...

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more

Fox Rothschild LLP

Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!

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A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these...more

Morrison & Foerster LLP - Class Dismissed

Second Circuit Affirms Class Decertification Based On Inadequate Representation

Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment...more

ArentFox Schiff

California Appellate Court Decisions Impact Wage and Hour Actions

ArentFox Schiff on

Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

Constangy, Brooks, Smith & Prophete, LLP

Court Hits “Pause” On Chipotle Order. Will The Supreme Court Change The Recipe?

Back in April, the U.S. Court of Appeals for the Second Circuit issued an opinion that appears to make it much easier for collective actions under the Fair Labor Standards Act to proceed to trial. Last week, the court hit the...more

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