News & Analysis as of

Off-The-Clock Class Action Employer Liability Issues

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

Fox Rothschild LLP on

It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Fox Rothschild LLP

Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable

Fox Rothschild LLP on

How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied to (or not) the main job of the...more

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

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

FordHarrison

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely...

FordHarrison on

On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc....more

Littler

Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit

Littler on

In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...more

Fox Rothschild LLP

Off-The-Clock Collective Action Case Settles: The Continuing Danger For Employers

Fox Rothschild LLP on

I have defended many off-the-clock working time cases and I submit that they are very dangerous for employers. This is because they are particularly amenable to class certification because it is likely that there is a common...more

Butler Snow LLP

Working Off the Clock is Off-Limits

Butler Snow LLP on

I was reading recently about a lawsuit in which four plaintiffs’ law firms tried for years to pursue a class action lawsuit against a Chipotle operation up in Minnesota. The claim was that a shift supervisor at one of the...more

Best Best & Krieger LLP

Best In Law: No Off-The-Clock Work - BB&K Partner Joseph Ortiz Writes About The Starbucks Wage-And-Hour Class Action Decision In...

California’s wage-and-hour laws are the most protective in the country. These protections, however, often lead to bankrupting, class-action lawsuits. Originally posted in The Press-Enterprise and other Southern California...more

BCLP

Retailers Face Flood of Class Actions Related to “Off the Clock” Work

BCLP on

“Off the clock” work may prove costly, as retailers face a flood of putative class actions based on claims that employees were not compensated for required work duties. Recently, the parties in Samantha Jones v....more

Fox Rothschild LLP

Homework Can Be Compensable Work Hours—Can You Believe It?

Fox Rothschild LLP on

I have often blogged (and am concerned about) working time issues, especially when they comprise the basis for a class action. These are “soft,” subtle activities that may rise to the level of compensable time, catching n...more

Fisher Phillips

A Step-By-Step Guide To Defeating Class Certification In California

Fisher Phillips on

As any experienced class action litigator knows, the main issue driving the direction of a case is not always the merits of the claims themselves. Instead, the central question is often whether the claims can be certified as...more

Jackson Lewis P.C.

[Webinar] Class Actions and Complex Litigation Webinar Series - The Wonderful World of Wage and Hour - Feb. 14th, 2:00p.m. EST

Jackson Lewis P.C. on

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

BakerHostetler

Court Rejects Pseudo-Expert Reports and Refuses to Certify Off-the-Clock Case

BakerHostetler on

Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be resolved on a class-wide basis. A recent case from the District of Maryland,...more

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