News & Analysis as of

Wages Wage and Hour Class Action

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

by Carlton Fields on

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

by Pepper Hamilton LLP on

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

by Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Superior Court: Mandatory Use of Payroll Debit Cards Violates PA Law

As regular readers of our blog know, we have been following a pending class action lawsuit challenging a Pennsylvania employer’s use of payroll debit cards to pay its employees. There has been a key development in that case. ...more

Third Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability

by McNees Wallace & Nurick LLC on

In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more

The California Fair Pay Act

by Zelle LLP on

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

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

by Foley & Lardner LLP on

Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

Second Circuit Teaches Unpaid Interns a Lesson

by Seyfarth Shaw LLP on

In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

by Hirschfeld Kraemer LLP on

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

California District Court Finds that CAFA’s Amount-in-Controversy Requirement was Satisfied; Denies Motion to Remand

by Carlton Fields on

The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. ...more

Quirky Question #242 – Policing Break and Time Records Pays Off

by Dorsey & Whitney LLP on

Quirky Question - We are a California employer. After all the publicity surrounding class actions over meal and break periods, we instituted automatic warnings if employees take too long or too short a meal or rest...more

Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration

by Foley & Lardner LLP on

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate...more

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

by 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

Calif. High Court Ruling Changes Class Action Landscape

by Morrison & Foerster LLP on

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

California Supreme Court Gives Employers Added Protection Against Wage-and-Hour Class Actions

by Allen Matkins on

Today, the California Supreme Court issued its latest and long-awaited arbitration decision, Iskanian v. CLS Transportation Los Angeles, LLC. On the one hand, Iskanian concluded that class action arbitration waivers are...more

Second Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector...

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception...more

California Employers Catch One of Those Rare Wage and Hour Class Action Breaks From the California Supreme Court

Sometimes California employers do get a win when battling in the minefield of California’s wage and hour laws. So California employers, please pause to rejoice in this moment because you know you may not get another one for a...more

Employment Law - June 2014

Appellate Court Tosses Employee’s Seating Suit - Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more

California Supreme Court Provides Guidance on Class Certification

by Morgan Lewis on

In its Duran decision, the court emphasized that trial courts considering class certification must determine whether the case is manageable as a class action. On May 29, the California Supreme Court issued its decision...more

You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualized defense...

by DLA Piper on

Class action trials have long been the bogeyman no one talks about in California. Parties had to address whether a class action was “manageable” before it was certified, but because the vast majority of class actions never...more

A New Dawn for California Class Actions

by Morrison & Foerster LLP on

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

California Supreme Court (!) Issues Strong Pro-Defense Wage and Hour Class Action Decision

by BakerHostetler on

“Depending on the nature of the claimed exemption and the facts of a particular case, a misclassification claim has the potential to raise numerous individual questions that may be difficult, or even impossible, to litigate...more

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

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