Wage and Hour, Class Action, Burden of Proof

Supreme Court Clarifies Burden of Proof for Employers in FLSA Exemption Cases

Holland & Hart LLP on 1/29/2025

Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

Robinson Bradshaw on 1/28/2025

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair...more

No "End Run" Around Brinker Under Section 17200

Payne & Fears on 6/25/2019

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Key California Employment Law Cases: January 2019

Payne & Fears on 2/26/2019

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Ninth Circuit: proving up CAFA’s “home state” controversy exception – evidence is required and jurisdictional discovery will...

Kilpatrick on 9/19/2018

Takeaway: Class action complaints often seek the certification of “statewide” classes that would seem to include only residents of the target state. But when it comes to establishing an exception to diversity jurisdiction...more

The Washington Supreme Court Addresses Meal Break Claims

Stoel Rives - World of Employment on 8/18/2017

The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is...more

Key California Employment Law Cases: April 2017

Payne & Fears on 6/26/2017

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Shaw LLP on 11/30/2016

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

Cozen O'Connor on 2/24/2016

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement...more

The California Fair Pay Act

Zelle LLP on 10/29/2015

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

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