Even in the face of an apparent victory, a company may be stuck with an unexpected and outsized attorneys’ fees tab. In a recent case that highlights the multifaceted perils of drawn out litigation, the Tenth Circuit affirmed a $3.4 million attorneys’ fees award—even though the jury rejected the majority of plaintiffs’ … Continue Reading
Yesterday, the nation’s highest court decided to close the checkout lane on John Catsimatidis when it denied the grocery chain CEO’s petition for certiorari in a case we have been following since last year. The petition challenged the Second Circuit’s conclusion that Catsimatidis should be held personally, jointly, and severally liable for … Continue Reading
On Friday, SCOTUS will decide if it will grant review of a Second Circuit decision that placed a CEO on the hook for unpaid back wages under an FLSA settlement agreement. We previously reported on this case out of New York where the Second Circuit held that the CEO … Continue Reading
Authored by Alex Passantino
It’s the week before Christmas, so you know it’s the time For our review of the year—our wage-hour rhyme. Our look-back on issues from the past 52 weeks That grabbed the attention of you wage-hour geeks.
Authored by Carlos Lopez
Among the many recent amendments to the New York Labor Law, perhaps the most concerning to employers was the expansion of liquidated damages from 25% to 100%. Viewed in tandem with the statute’s six-year limitations period, the change has the potential to vastly increase employers’ exposure for alleged violations.
Fortunately, the Second Circuit has given employers … Continue Reading
If an employee is erroneously misclassified as exempt, she is entitled to recover any unpaid overtime at the rate of time-and-a-half for all hours over 40. Right?
“Individual liability.” It’s an ugly phrase that should be avoided in civilized conversation, especially among business owners and company executives. The Second Circuit sent a chilling reminder this week about that unpleasant prospect that should make employers and business owners pay attention: In Irizarry v. Catsimatidis (here), the court held … Continue Reading
Authored by Jeffrey Glaser
The Eleventh Circuit Court of Appeals issued a decision last week that could substantially reduce the amount of damages available for FLSA retaliation claims. In Moore, et al. v. Pak, an Eleventh Circuit panel held that district courts in that circuit (Alabama, Florida and Georgia) have the discretion to deny liquidated damage awards to plaintiffs … Continue Reading
Authored by Kara Goodwin
A recent National Economic Research Associates (“NERA”) report, “Trends in Wage and Hour Settlements: 2011 Update,” quantified what most working in the wage-hour litigation field already knew ─ wage and hour cases continue to be a source of potential liability for employers. The report identified 107 settlements of wage and hour cases in 2011, slightly more … Continue Reading
Seyfarth Shaw’s Wage & Hour Litigation Practice Group
Following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion and Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., nearly all federal courts have enforced agreements to arbitrate FLSA claims. A few courts, however, have refused to apply Concepcion and Stolt-Nielsen to FLSA claims by relying on two arguments that most defendants … Continue Reading