News & Analysis as of

Wage and Hour Class Action Corporate Counsel

Fox Rothschild LLP

Court Makes it Easier to Sue Under PAGA

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In Balderas v. Fresh Start Harvesting, Inc., 101 Cal. App. 5th 533 (2024), the plaintiff sued her former employer on behalf of other employees but not in her individual capacity (that is, she brought only a representative...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Carlton Fields

Labor and employment class actions increase by 10%

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The 2024 Carlton Fields Class Action Survey has revealed that labor and employment class actions jumped approximately 10% in the last year. Nearly four out of five companies surveyed reported that they faced a labor and...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

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Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

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

The Data Is In - California Class Action and PAGA Filings to Hit New Highs

New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more

Locke Lord LLP

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

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It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Polsinelli

There Is Such a Thing as Too Many Questions: Individualized Inquiries Doom Class Certification

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A recent case from the Eastern District of California emphasizes the importance of employers having facially neutral and lawful wage-and-hour policies – as such policies can help in defeating class certification. In Tavares,...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

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

New Washington Class Action Raises Concerns for Employers Under State’s Noncompete Ban

A putative class action recently filed in Seattle, Washington, against a solar energy equipment company could be the first lawsuit to test the bounds of the state’s relatively new restrictions on noncompetition agreements for...more

Sherman & Howard L.L.C.

22 Million ($) Reasons to Get it Right: Battery Manufacturer Hit with Historic Bill for Unpaid Overtime

A Pennsylvania battery manufacturer has the dubious distinction of being ordered to pay the largest jury verdict ever awarded to the Department of Labor under the Fair Labor Standards Act - a cool $22 million for failing to...more

Carlton Fields

Companies See Big Rise in Labor & Employment Class Actions and Defense Spending

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The 2023 Carlton Fields Class Action Survey has revealed a significant increase in the number of labor and employment class action lawsuits and the amount companies are spending to defend those lawsuits. That is sobering news...more

Seyfarth Shaw LLP

Eastern District of Virginia Judge Rejects Two-Step Conditional Certification Process for FLSA Collective Actions

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Seyfarth Synopsis: In what could become a trend, Judge T.S. Ellis, III recently broke with other courts in the Eastern District of Virginia when he rejected the two-step conditional certification process commonly used in FLSA...more

Locke Lord LLP

New Jersey is Becoming the Next California: February 2023 Independent Contractor Legal News Update

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Ever since the New Jersey Supreme Court issued its 2015 decision in the Sleepy’s case, establishing an ABC test for wage and hour lawsuits, class action lawyers have targeted companies operating in that state for IC...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Seyfarth Shaw LLP

A New Way to Stem the Tide of Pay Frequency Claims in NY?

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Seyfarth Synopsis: Federal courts within the Second Circuit have held that merely alleging a pay frequency violation under New York Labor Law § 191 is insufficient for standing under Article III of the United States...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2022

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In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Amundsen Davis LLC

Contractual Choice of Law Provision Can’t Shield Employer From State Wage and Hour Class Action

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The Seventh Circuit Court of Appeals ruled last week that a contractual choice of law provision was irrelevant to whether workers were employees or independent contractors and to whether pay deductions were lawful....more

Jackson Lewis P.C.

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

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For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more

Bowditch & Dewey

Reading the Riot Act: $100 Million Settlement in Gender Discrimination Class Action

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A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Class Certification and Misclassification

This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more

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

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

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

California High Court Rules Missed Meal Break Premiums Are ‘Wages’

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report...more

Carlton Fields

Companies Report Rise in Labor and Employment Class Actions: Will the Trend Continue Through 2022?

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The number of labor and employment class actions increased last year as aggressive regulatory action and an increase in workplace safety claims, including claims related to the COVID-19 pandemic, fueled a rise in collective...more

Locke Lord LLP

Home Health Care, Franchise, and Food Industries Under Attack: April 2022 IC Legal News Update

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Three industries suffered setbacks last month in independent contractor misclassification cases, while another targeted industry targeted scored a success. As we have reported in many prior blog posts, class action lawyers...more

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