Evidence, Misclassification

Employer’s Internal FLSA Audit Becomes Evidence in Misclassification Claim

Fisher Phillips on 5/3/2021

Wage and hour litigation remains one of the top types of litigation filed in federal courts. In 2020, in the midst of a pandemic, plaintiffs filed more than 5,000 Fair Labor Standards Act (FLSA) lawsuits. Because many of...more

Phase One Of Grubhub Trial Ends; Waiting Game Begins

Fisher Phillips on 9/20/2017

The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the...more

A Look-In At The Halfway Point In The Critical GrubHub Trial

Fisher Phillips on 9/13/2017

As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more

DOL penalized for ‘bad faith’ conduct

McAfee & Taft on 10/1/2015

The Department of Labor recently agreed to pay an employer $1.5 million for costs and attorneys’ fees it had incurred in a lawsuit filed by the DOL. The 5th Circuit Court of Appeals determined that the employer was entitled...more

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Hinshaw & Culbertson LLP on 11/11/2014

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was...more

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Orrick - Employment Law and Litigation on 5/30/2014

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more