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Wage and Hour › Summary Judgment › Burden of Proof

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

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

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

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more

Burr & Forman

11th Circuit Court of Appeals Vacates Employer’s Tip Credit Summary Judgment Victory in Rafferty v. Denny’s

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The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more

Jackson Lewis P.C.

California Supreme Court Agrees To Answer Question About Employment Retaliation

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Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims? That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

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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

Burr & Forman

Equal Pay Act case gets new life

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In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

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