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Class Action Wage and Hour Minimum Wage

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

Benesch

Dialysis & Nephrology Digest - June 2024

Benesch on

KCP supports House bill to restore original intent of Medicare Secondary Payer Act - Kidney Care Partners (KCP) commends the 36 co-sponsors of the bill before the House, who come from both sides of the aisle and represent...more

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

New Washington Class Action Raises Concerns for Employers Under State’s Noncompete Ban

A putative class action recently filed in Seattle, Washington, against a solar energy equipment company could be the first lawsuit to test the bounds of the state’s relatively new restrictions on noncompetition agreements for...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Jackson Lewis P.C.

California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA

Jackson Lewis P.C. on

The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating...more

Jackson Lewis P.C.

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

Jackson Lewis P.C. on

For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more

Littler

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Littler on

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

Bennett Jones LLP

Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual

Bennett Jones LLP on

In Smith v Lafarge Canada Inc, 2022 ABQB 289 [Smith], the Court of Queen's Bench considered a preliminary application arising out of a proposed class action which involved claims advanced on behalf of the proposed class as...more

Cozen O'Connor

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines (ALERT)

Cozen O'Connor on

California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127...more

Jackson Lewis P.C.

2022: The Year Ahead for Employers

Jackson Lewis P.C. on

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. ...more

Littler

En Banc Nevada Supreme Court Clarifies State Record-Keeping and Minimum Wage Notice Requirements

Littler on

In a recent decision, the Nevada Supreme Court provided guidance on how employers must maintain wage records and inform employees of minimum wage rate adjustments.  On December 30, 2021, the Nevada Supreme Court issued a 6-0...more

Fox Rothschild LLP

Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29...

Fox Rothschild LLP on

I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most well-intentioned employers sometimes will not...more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more

PilieroMazza PLLC

FLSA and Wage and Hour Issues for Restaurants

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

PilieroMazza PLLC

[Webinar] FLSA and Wage-and-Hour Issues for Restaurants - December 7th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Fox Rothschild LLP

The Must Have Fox Rothschild Guide To Doing Business In California (And It Is Free!)

Fox Rothschild LLP on

Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ...more

Jackson Lewis P.C.

Wage And Hour Class Actions In Real Estate Industry: Traps For The Unwary

Jackson Lewis P.C. on

Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 19

Hogan Lovells on

In Washington: The House of Representatives was set to pass its $1.9 trillion pandemic relief package (H.R. 1319), late Friday night over solid Republican opposition. The passage is a key step toward giving President Joe...more

Robins Kaplan LLP

Financial Daily Dose 2.26.2021 | Top Story: Rising Long-term Bond Yields Blamed for Jumpy Markets

Robins Kaplan LLP on

Surging bond yields raised fears that government, consumer, and business spending could become more expensive, leading to a “tumultuous day in financial markets” that prompted some to blame the Fed for not expressing...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Establishes New Standard For FLSA Collective Actions

Key Points - In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Ensuring You Don’t Inadvertently Convert Mandatory Charges into Gratuities for Staff

Epstein Becker & Green on

Many employers may—understandably—view gratuities as discretionary payments that customers leave in exchange for superior service. After all, federal wage and hour regulations define “tips” as “sum[s] presented by a customer...more

BakerHostetler

Florida District Court Denies Conditional Certification in ‘Tip Credit’ Case

BakerHostetler on

Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on

The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

Parker Poe Adams & Bernstein LLP

Window Closing on FLSA Claims Based on 80/20 Rule

The U.S. Department of Labor is still working to finalize the withdrawal of the 80/20 rule, which had forced employers to pay the full minimum wage to employees who spend more than 20 percent of their time on non-tipped work....more

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