New York Attorney General Eric Schneiderman has sent investigative letters to at least 13 nationwide retailers requesting information about their scheduling practices for non-exempt employees. The effort is part of an inquiry conducted in response to reports about widespread use in the retail industry of unpredictable on-call shifts, which are subject to strict … Continue Reading
Authored by Alex Passantino
As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities. The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.
Most employees who are exempt from federal overtime requirements and paid … Continue Reading
2014 saw no letup in the deluge of wage and hour litigation. Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%. With the increase in litigation in this area, … Continue Reading
Authored by Jacob Oslick
Adventuring heroes in fantasy fiction soon learn to fight different types of evil beast differently. Some must be fought by fire, some by water, some by the sword, and some by magic. The hero who foolishly treats diverse opponents the same does so at his peril.
The Third Circuit recently taught this same basic lesson to … Continue Reading
Authored by Gena Usenheimer
How much deference should courts give to interpretive guidance from the New York State DOL? At least for now, the answer remains unclear.
A federal court in Chicago recently denied class and collective action certification in a wage-hour case brought by sales representatives for Groupon. But the court did so without prejudice to allow plaintiffs to take a second bite at the apple — albeit, a smaller apple. The court’s decision denying plaintiffs’ motion … Continue Reading
Authored by Christopher A. Crosman
Just in time for the summer beach reading season comes the 14th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. It contains discussion and analysis of the various types of wage & hour class actions that affect many California employers, and has been updated to reflect the … Continue Reading
Gentry is dead. Back in 2007, the California Supreme Court, in Gentry v. Superior Court held that California public policy favoring class actions was so important that employers cannot have employees, in arbitration agreements, waive their right to pursue a class action. Many thought that the Gentry rule contradicted the Federal Arbitration Act, … Continue Reading
Authored by Caitlin Ladd
Employers with commissioned employees will be pleased with a new decision finding that Morgan Stanley Smith Barney’s approach to commission calculations was not an improper deduction from wages under the New York Labor Law.
MSSB’s compensation structure allows its Financial Advisors to select from a variety of formulas, all of which provide for fixed business development … Continue Reading
Private Attorney General Actions (PAGA) brought by individuals as representative actions on behalf of the State of California and other aggrieved employees are not sufficiently similar to federal Rule 23 class actions to support federal jurisdiction under the Class Action Fairness Act (CAFA). But is there still a way into federal court?… Continue Reading