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Wage and Hour › Employer Liability Issues › Motion for Summary Judgment

Seyfarth Shaw LLP

California Supreme Court Attempts To Clarify Issues Of Control

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On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more

Seyfarth Shaw LLP

The Death of Rounding Practices May Be Around the Corner

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Seyfarth Synopsis: Neutral rounding policies have long been approved by the California courts. See’s Candy Shops, Inc. v. Superior Court (2012). However, the California Court of Appeal recently held that employers who “can...more

McAfee & Taft

Judge’s dismissal of USWNT’s unequal pay claim provides helpful reminders for employers

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In March of 2019, members of the U.S. Women’s National Soccer Team (WNT) filed a collective and class action in federal court against the United States Soccer Federation, Inc. (USSF), asserting claims under Title VII and the...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

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A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

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

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

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In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Payne & Fears

Key California Employment Law Cases: June 2018

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This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more

BakerHostetler

Washington Court Denies Plaintiffs’ Motion for Summary Judgment on Various Overtime Issues

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Overconfidence won’t overcome questions of fact - Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New...more

Bradley Arant Boult Cummings LLP

The Past Really Is Dead: Ninth Circuit Shuts Door on Use of Past Salary as “Factor Other Than Sex” Under the Equal Pay Act

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In setting a new employee’s pay, what do you consider? Past experience? Check. Education? Check. Salary at the last job? Not so fast. In a recent Ninth Circuit decision, the court framed the question as follows: Can an...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Rules That Employers Cannot Rely on Applicant’s Prior Salary to Justify Wage Disparities under the Equal Pay Act

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• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act. • The 9th Circuit ruling does not address whether...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

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Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

Farella Braun + Martel LLP

Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action

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Fewer and fewer companies in California have insurance coverage for “wage and hour” claims, i.e. claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage...more

Fisher Phillips

Uber Forced To Carry On Its Defense Of 'On Call' Claims

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In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

Sherman & Howard L.L.C.

FLSA Hail Mary?

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We have heard an extraordinary amount of commentary about the impending December 1, 2016 deadline for compliance with the new FLSA overtime regulations. One of the most troubling comments that appears to be gaining...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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