News & Analysis as of

Class Action Compliance Wage and Hour

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Ogletree, Deakins, Nash, Smoak & Stewart,...

Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more

BCLP

California Private Attorneys’ General Act (PAGA) Receives Significant Overhaul

BCLP on

California Governor Gavin Newsom signed legislation into law, which codifies significant reforms to the Private Attorneys’ General Act (PAGA). The emergency legislation, which is effective on the date of the Governor’s...more

BakerHostetler

PAGA Reforms Usher in a New Era of California Wage and Hour Litigation

BakerHostetler on

On July 1, following the California Legislature’s unanimous passage, Governor Newsom signed SB-92 and AB-2288, which drastically reform California’s Private Attorneys General Act (PAGA). Most of the reforms apply to civil...more

Foley & Lardner LLP

Managing Employment Law Risk is a Wise (and Cost-Effective) Investment

Foley & Lardner LLP on

Late last year, I wrote about approaching compliance challenges by thinking as much about the “why” as about the “what” of the compliance requirement. The point I hoped to convey was that inquiring into the question of why a...more

Weintraub Tobin

California Employment News: The Basics of Wage Statement Compliance (Part 1)

Weintraub Tobin on

Wage statements might seem straightforward, but employers who make mistakes on them could face PAGA claims or class-action lawsuits as a result. Join Shauna Correia and Rachel Davey from Weintraub’s Labor & Employment group...more

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

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Davis Wright Tremaine LLP

Safe Harbor Relief for Some Violations of Wage Statement Requirements Under the California Labor Code

Two new laws—both related to employee wage statements—give California employers a safe harbor opportunity to avoid costly liability for small, technical, unintentional, or short-lived violations. Assembly Bill No. 1506 (AB...more

Perkins Coie

Wrapping Paper Series Updates

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2015 - The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues - 09.21.2015 - Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However,...more

Baker Donelson

FCRA Class Action Suits on the Rise

Baker Donelson on

It is a common practice for employers to check criminal backgrounds or credit ratings of potential, and sometimes current, employees. Background checks that provide this type of information are helpful to employers when...more

Manatt, Phelps & Phillips, LLP

Health Update - September 2015

Latest Healthcare False Claims Act Roundup and Top 3 Best Practices to Reduce Exposure - As the legal landscape in healthcare becomes increasingly complex, healthcare companies that receive federal program funds face...more

Best Best & Krieger LLP

Uber Employee Classification Class Action Could Impact All Employers

From Payroll Taxes to Sick Leave Laws … Federal Ruling Could Be Game Changer for Sharing Economy - A federal judge’s decision last week to certify a class of California Uber drivers in their lawsuit claiming Uber has...more

FordHarrison

Federal Court Approves $415 Million Settlement of Employee Antitrust Claims Against California Technology Employers

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On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers, including Apple Inc. and Google, among...more

FordHarrison

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

FordHarrison on

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

Troutman Pepper

$228 Million: The Cost of Independent Contractor Misclassification for FedEx Ground in California

Troutman Pepper on

Yesterday, June 12, FedEx announced in papers filed with the SEC that its Ground Division “has reached an agreement in principle with [drivers] in the independent contractor litigation that is pending in …California [federal...more

Troutman Pepper

New GAO Report on Contingent Workforce Shows 85% of Independent Contractors Are “Content with Their Employment Type”

Troutman Pepper on

A comprehensive government report on the contingent workforce made public two days ago revealed surprising data about independent contractors, finding that 85% of independent contractors “appeared content with their...more

Proskauer - California Employment Law

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to...more

Foley & Lardner LLP

Big Money Wage-and-Hour Claims: Avoiding FLSA Collective Actions

Foley & Lardner LLP on

Despite an overall decrease in the number of civil cases filed in federal court in 2012, one type of case saw a big jump: Actions under the Fair Labor Standards Act rose nearly 29 percent in 2012....more

NAVEX

The Case for Wage & Hour Training

NAVEX on

Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more

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