News & Analysis as of

Wage and Hour Dismissal With Prejudice

Venable LLP

Estrada v. Royalty Carpet Mills, Inc. - California Supreme Court Clarifies Trial Courts' Power to Manage PAGA Claims

Venable LLP on

On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples...more

Littler

California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

Littler on

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The...more

Hogan Lovells

Settling Individual California Labor Disputes May Eliminate PAGA Claims

Hogan Lovells on

On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more

Payne & Fears

Key California Employment Law Cases: June 2017

Payne & Fears on

This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more

Fisher Phillips

Supreme Court Blocks Plaintiffs From Taking Shortcuts In Class Action Cases

Fisher Phillips on

The Supreme Court unanimously held today that plaintiffs cannot immediately appeal a federal court’s denial of class certification when the named plaintiffs voluntarily dismiss their claims following the denial of class...more

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

NCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA

An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was...more

Seyfarth Shaw LLP

Wage Suppression Antitrust Class Allegations Against Oracle Dismissed As Untimely

Seyfarth Shaw LLP on

A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more

Franczek P.C.

FLSA Settlements Continue to Draw the Attention of Courts

Franczek P.C. on

Last month we wrote a post concerning the National Labor Relations Board’s (“NLRB”) rejection of a seemingly standard settlement agreement resolving, among other things, Fair Labor Standards (“FLSA”) claims. Since then, FLSA...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Holds that FLSA Settlements Require Court or Department of Labor Approval

On August 7, 2015, in Dorain Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the United States Court of Appeals for the Second Circuit held that the Fair Labor Standards Act (“FLSA”) is an “applicable...more

Pullman & Comley - Labor, Employment and...

Settlement of Wage Claims Under FLSA Must Now be Approved by the Court

A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more

Littler

Second Circuit Holds that Parties May Not Stipulate to Dismiss With Prejudice FLSA Actions Without Court Approval

Littler on

A recent decision by the Second Circuit will likely make it more difficult for parties to enter into private Fair Labor Standards Act (FLSA) settlements in cases pending not only in the Second Circuit, but nationwide. On...more

Orrick - Employment Law and Litigation

Second Circuit Speaks: No Private Settlements of FLSA Actions

In Cheeks v. Freeport Pancake House, Inc., the Second Circuit held that without the approval of a district court or the U.S. Department of Labor, parties cannot secure a stipulation of dismissal with prejudice of an FLSA...more

Spilman Thomas & Battle, PLLC

Primer on West Virginia State Law Labor and Employment Claims

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

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