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Do Improper Overtime Pay Calculations Automatically Equal Class Certification? Don’t Bank On It, Says The Ninth Circuit

Seyfarth Synopsis: Calculating the correct “regular rate of pay” for overtime hours under California law, in order to properly factor in certain types of bonuses, can give nightmares to even the most diligent employers. The...more

Nike Prevails On Bag Check Case

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to...more

California Supreme Court Invalidates Contractual Waivers Of Public Injunctive Relief

Seyfarth Synopsis: No California contractual provision, including one in an arbitration agreement, can waive the statutory right to seek injunctive relief to protect the general public. McGill v. Citibank, N.A. (April 6,...more

Better Sit Down For This: Court Clarifies “Suitable Seating” Rules

Seyfarth Synopsis in a Second: Suitable seating is required in California where tasks performed at a particular location reasonably permit sitting, and where providing a seat would not interfere with the performance of...more

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