News & Analysis as of

Corporate Counsel Wage and Hour

Court Rejects Plaintiffs’ Attempt to Double-Dip in Settlement Pool

It is a rare occasion that the phrase “joint employer” has positive implications for any business. However, a panel sitting on the California Court of Appeals recently gave one party in a joint employer arrangement cause to...more

Ninth Circuit Certifies Questions to California Supreme Court Regarding Applicability of California Employment Laws to Mobile...

by Polsinelli on

In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more

Game On! Federal Appeals Court Revives Antitrust Challenge to Seattle’s Gig Worker Union Organizing Ordinance

by Fisher Phillips on

If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more

Shots Fired: First Post-Dynamex Lawsuits Filed Against Gig Companies

by Fisher Phillips on

The ink on the Dynamex court decision is barely dry, but plaintiffs’ attorneys are not wasting any time in taking advantage of the new misclassification standard established for California businesses. In a pair of lawsuits...more

The Board Initiates The Internal Process To Consider Rulemaking On The Joint-Employer Standard

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Wednesday, May 9, 2018, the Office of Information and Regulatory Affairs announced that the NLRB is considering rulemaking to establish the standard for determining joint-employer status under the...more

First Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with...

by FordHarrison on

Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s decision in favor of the employer in a lawsuit alleging violations of the...more

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

by Fisher Phillips on

Late Friday afternoon, the attorneys for the worker who came out on the losing end of the Grubhub misclassification trial asked the appeals court to return the case to the lower court for a new hearing. Their reasoning? Last...more

Empire State Employer Emerges Victorious In Equal Pay Act Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...more

California Abandons 30-Year-Old Test For Determining Independent-Contractor Status, Broadens Definition Of “Employee”

On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than...more

California Supreme Court Adopts "ABC" Test for Independent Contractor Status Under California Wage Orders

by Faegre Baker Daniels on

The California Supreme Court issued its long-awaited opinion in Dynamex Operations West v. Superior Court, in which the court considered the appropriate test to use when determining whether a worker is an employee or...more

Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape

by Fox Rothschild LLP on

Employers are always trying to cut off the head of a class action, i.e. the named plaintiff, in order to bring the case to an end. What happens when the named plaintiff is gone from the case but some people have opted in? Do...more

Party On! The 11th Circuit Holds Filing a Written Consent is Enough For Opt-in Plaintiffs To Achieve Party Status

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a first impression case, the Eleventh Circuit held that an “opt-in” plaintiff is only required to file a written consent to become a party-plaintiff in a collective action under the FLSA, and that the...more

Chicago Considering Predictive Scheduling: What Employers Need to Know

Following a growing nationwide trend, the Chicago City Council is considering new legislation that would require employers to pay employees for any scheduling changes made with less than two weeks’ notice. If passed, the...more

DOL Issues New Information on its PAID Self-Audit and Self-Reporting Program

by Littler on

Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve...more

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

by Faegre Baker Daniels on

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

DOL Clears Up Travel Time Issue For Employees With No “Normal Working Hours”

The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex. As opposed to exempt employees—who generally receive a salary intended to compensate them for all working time,...more

Must An Employer Pay For Frequent FMLA Breaks?

by Jackson Lewis P.C. on

Is it compensable time when an employee takes frequent, 15-minute breaks each hour due to the employee’s serious health condition? Today, the United States Department of Labor (DOL) answered this question in a...more

California Legislature Pounces on Employers With 12 New Bills

Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda....more

Salary History Is Not A Permitted ‘Factor Other Than Sex’ Under Equal Pay Act, Ninth Circuit Holds

by Jackson Lewis P.C. on

Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay Act, the U.S. Court of Appeals for the Ninth Circuit has held in an en banc...more

March 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

Last month, half of the cases that came to our attention in the area of independent contractor misclassification and compliance involved interesting issues concerning arbitration – and lessons for companies seeking to limit...more

Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law

In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more

Banning The Bans: Michigan and Wisconsin Buck the Salary History Ban Trend

by Fisher Phillips on

The backlash has begun: whereas an increasing number of employers are now banned from asking prospective employees about their salary history, local jurisdictions in two states face a ban from instituting such bans. What do...more

Second Time’s The Charm: Court OKs Revised Pay Equity Class Action Against Google

by Fisher Phillips on

A California state court just breathed new life into a class action lawsuit against Google that could have a significant impact on pay equity claims across the country. The March 27, 2018 ruling gave the stamp of approval to...more

Gimme A Break! Court Says CBA Can Block Meal-And-Rest-Period Lawsuit

by Fisher Phillips on

As most employers in California know, meal and rest period litigation has been a hot area for more than a decade, troubling employers across all industries. This is largely because state law provides extremely rigid...more

California Judge Allows Pay Equity Class Action To Move Forward On Behalf Of Female Google Employees Who Were Employed In Thirty...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After initially dismissing a sweeping class action complaint alleging systemic pay discrimination on behalf of “all women employed by Google in California,” the Court has now decided to allow an amended –...more

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