News & Analysis as of

Class Action Employment Litigation Exempt-Employees

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.
Littler

Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

Littler on

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

Parker Poe Adams & Bernstein LLP

Employees Can Maintain FLSA Claims Without Detailing Hours Worked

The Fair Labor Standards Act’s executive exemption applies to managers whose primary job function involves the supervision of two or more full time equivalents. In recent years, a large number of retailers, hospitality...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

CDF Labor Law LLP

Employers Gain Defense Against Unmanageable PAGA Claims

CDF Labor Law LLP on

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Manatt, Phelps & Phillips, LLP

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

Littler on

On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Hinshaw & Culbertson LLP

New Statutory Framework Mandated for Employers Seeking to Limit Notice to Putative Class Members in an Enforceable Arbitration...

The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more

Fisher Phillips

New SCOTUS Term Starts With A Whimper…Will It End With A Bang?

Fisher Phillips on

The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Seyfarth Shaw LLP

What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final...more

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