News & Analysis as of

Class Action Wage and Hour Attorney's Fees

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.
Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

Fox Rothschild LLP on

It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024

Kaufman & Canoles on

A third attorney team representing World Wrestling Entertainment Inc. stockholders has signaled a tag-in for a widening Delaware Court of Chancery rumble with founder Vincent McMahon and top company officials and directors...more

Fox Rothschild LLP

Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

Fox Rothschild LLP on

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only has to pay his lawyer’s fees but it also faces...more

Fox Rothschild LLP

Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!

Fox Rothschild LLP on

A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these...more

Jackson Lewis P.C.

Wisconsin Wage And Hour Law: Rounding Employee Time

Jackson Lewis P.C. on

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other...more

Fox Rothschild LLP

Employees Working In Slaughterhouse Settle FLSA Overtime Case: When Will Employers Learn?

Fox Rothschild LLP on

It is amazing to me that employers still do not understand that there exists an inviolate obligation on their parts to pay proper overtime. It is not proper for an employer to believe that if it treats its employees “well,”...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate...more

Carlton Fields

A Dart Across the Bow

Carlton Fields on

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

Fisher Phillips

7-Year Equal Pay Class and Collective Action in NJ Could Settle for $6.2 Million

Fisher Phillips on

More than seven years ago, female sales representatives who worked for Merck filed a class and collective action alleging discrimination in pay on the basis of their gender in violation of the Equal Pay Act (EPA) and Title...more

Fisher Phillips

Oldest Nationwide Misclassification Case Against Uber Gets Settled For $1.3M

Fisher Phillips on

The first-ever national misclassification case brought against Uber has now been put to bed. A federal court judge in North Carolina yesterday gave her blessing on a $1.3 million settlement wrapping up the litigation, handing...more

Butler Snow LLP

Working Off the Clock is Off-Limits

Butler Snow LLP on

I was reading recently about a lawsuit in which four plaintiffs’ law firms tried for years to pursue a class action lawsuit against a Chipotle operation up in Minnesota. The claim was that a shift supervisor at one of the...more

BakerHostetler

Court Reduces Proposed Attorney Fee Award by More Than 90 Percent

BakerHostetler on

It’s OK. The Attorneys Still Get More Than $1,000 Per Hour - One of the drivers of the increased number of wage and hour cases is the prospect of handsome attorney fee awards. ...more

Jackson Lewis P.C.

CAFA Amount In Controversy Is Not Limited To Damages Incurred Prior To Removal And Includes Future Attorneys’ Fees Recoverable By...

Jackson Lewis P.C. on

In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. 18, 2018), the Ninth Circuit clarified, in a unanimous published decision, that, where a party may recover its attorney’s fees by statute or contract, the...more

Esquire Deposition Solutions, LLC

Why Does Class-Action Defense Spending Continue to Rise?

It’s almost inevitable; once a company grows its market to a certain size, its stakeholders are likely to face class-action litigation. Despite a downward trend in class-action defense expenditures from 2011 to 2014, spending...more

Fisher Phillips

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

Fisher Phillips

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

Fisher Phillips on

If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

Mintz - Privacy & Cybersecurity Viewpoints

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

Mintz

Class Action Suits Against Massachusetts Car Dealers on the Rise

Mintz on

Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs’ attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople across the...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Proskauer - California Employment Law

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Troutman Pepper

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

Zelle  LLP

The California Fair Pay Act

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

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

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