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Statutory Interpretation Wage and Hour Employment Litigation

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 2, July 2024

Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

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The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

Littler

Fourth Circuit Requires Parity in Each Component of Compensation, Not Only in Total Compensation, Under Federal Equal Pay Act

Littler on

On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit rejected the notion that under the federal Equal Pay Act (EPA), equality should be assessed based on total compensation, holding instead that equality must...more

CDF Labor Law LLP

9th Circuit Confirms Limited Application of Heightened Penalties for “Subsequent” Labor Code Violations

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On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more

Littler

Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations

Littler on

On December 31, 2020, the Oregon Supreme Court reversed the Oregon Court of Appeals’ decision in Mathis v. St. Helens Auto Center, Inc. and concluded that the “reasonable” attorney fee award permitted under ORS 652.200 cannot...more

Robins Kaplan LLP

New York’s Highest Court Asked To Clarify Res Judicata Effect Of Small Claims Court Judgments

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On April 13, 2020, the Second Circuit certified a question to the New York Court of Appeals asking it to clarify the meaning of New York’s statute pertaining to the preclusive effect of small claims court judgments, New York...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

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Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Fisher Phillips

Recent Meal Period Cases Require Employers To Review Their Current Practices

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The year 2019 brought a number of adjustments in the legal landscape for California employers – and meal periods were no exception. California appellate courts buckled down on the interpretation of statutory language in two...more

FordHarrison

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

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On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil...more

Epstein Becker & Green

California Court Rules That Mandatory Service Charges May Be Gratuities

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Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Littler

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

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In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more

Littler

Massachusetts Supreme Judicial Court Clarifies Class Action Standards for Wage and Hour Cases

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The Massachusetts Supreme Judicial Court (SJC) recently discussed class certification in state court wage and hour cases in Gammella v. P.F. Chang’s China Bistro....more

Sheppard Mullin Richter & Hampton LLP

Ward v. Tilly’s, Inc.: California Employers Should Dial Back On-Call Shift Policies

On February 4, 2019, the California Court of Appeal, Second District issued a 2-1 decision in Ward v. Tilly’s, Inc. in which it held employees must be given “reporting time pay” under Wage Order No. 7-2001 when an employer...more

Seyfarth Shaw LLP

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

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Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

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