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Fair Labor Standards Act (FLSA) Chipotle Grill

Jackson Lewis P.C.

The Meaning Of “Similarly Situated” Is Teed Up For SCOTUS

Jackson Lewis P.C. on

The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a...more

Seyfarth Shaw LLP

Second Circuit Lets Collective Action Proceed Where Class Action Fails

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit has held that the standard for final FLSA collective action certification is less stringent than the standard for class action certification under Rule 23....more

Parker Poe Adams & Bernstein LLP

Overtime Claim Against Chipotle Stayed Until Contempt Motion Is Heard

As previously reported in EmployNews, in December a creative group of plaintiffs’ lawyers filed suit against Chipotle in federal district court in New Jersey. The lawyers contended that despite a Texas federal court’s...more

Seyfarth Shaw LLP

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

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

Sherman & Howard L.L.C.

Salary Threshold Regs Un-enjoined?

Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Top 5 Wage & Hour Class/Collective Action Claims that Hospitality Employers Face (And How to Avoid Them)

Wage and hour class action jurisprudence continues to twist and turn down an unusual path. As a consequence of the limited consistent case precedent in this area, hospitality employers defending against these claims face...more

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

BakerHostetler

Chipotle Wins One, Loses One, in Wage and Hour Class Litigation

BakerHostetler on

We’ve commented on numerous occasions about the peculiar paths taken by wage and hour class litigation, particularly with respect to collective actions under the FLSA. Two cases involving the same employer decided only days...more

Bond Schoeneck & King PLLC

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more

Laner Muchin, Ltd.

Chipotle Assistant Managers Allege They Were Misclassified As Exempt Employees, Court Rules They Can Proceed With Overtime Claims

Laner Muchin, Ltd. on

A New York federal court recently granted conditional certification of a nationwide class of Assistant Managers at Chipotle restaurants based on the allegations that Chipotle misclassified Assistant Managers as exempt from...more

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