Employment Law This Week®: Special “Wage and Hour” Edition
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week®: FLSA Overtime Rules, NYS Overtime Laws, National Origin Discrimination, Foreign Workers
Employment Law This Week: Break Pay, Misclassification of Franchisees, California Computer Professional Exemption, Non-Compete Payment
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) - Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more
On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more
Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary: Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts: Plaintiff Lawson worked for...more
On May 17, 2019, Judge Renee Marie Bumb of the United States District Court for the District of New Jersey rejected the parties’ request to dismiss a Fair Labor Standards Act (“FLSA”) lawsuit without the Judge’s review of the...more
How can a company manage its overtime policy in compliance with California law? A recent decision by a federal district court in California certified a class action involving claims of unpaid overtime, and the court’s...more
In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more
The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to...more
New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more
The Second Circuit affirmed a New York district court ruling that found that the FINRA arbitration rules, one of which prohibits arbitration of putative or collective class actions, was incorporated within the subject...more
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more
A state appellate court in California reversed a trial court’s decision to deny defendant Santa Lucia Preserve Company’s (“Santa Lucia”) motion to compel arbitration, holding that plaintiffs failed to prove that the...more
Roberto Martinez and three other current or former employees of Joe’s Crab Shack (“JCS”) filed this putative class action asserting that they and similarly situated salaried managerial employees had been misclassified as...more
A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more
The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more
In recent years there has been substantial litigation regarding whether and how employers may satisfy California minimum wage requirements for compensation plans involving commissions. In Peabody v. Time Warner Cable, Inc.,...more
On January 2, 2014, Justice Perell certified a class action alleging that, among other things, a group of over 500 putative class members had been wrongfully dismissed by their former (now insolvent ) employer. Justice...more