Wage & Hour Litigation Blog

Category Archives: State Laws/Claims

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PAGA PENALTIES FAIL TO ADD UP FOR FEDERAL JURISDICTION

Posted in Jurisdiction, State Laws/Claims

Co-authored by Sheryl Skibbe and Simon L. Yang

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

Company Cries “Fowl” Over Jury Verdict, Fourth Circuit Agrees — Poultry Workers’ State Law Wage Claims Are Preempted by Federal Law

Posted in Defenses, Off-the-Clock Issues, State Laws/Claims

Co-authored by Arthur Rooney and Abad Lopez

In a victory for limiting the avenues available to employees covered by collective bargaining agreements, the Fourth Circuit Court of Appeals held that federal law preempts state law claims for unpaid wages where a CBA is implicated.  As a result, the Fourth Circuit reversed a jury verdict in favor of unionized employees in … Continue Reading

Second Circuit Questions Judicial Deference to New York State Department of Labor

Posted in DOL Enforcement, State Laws/Claims

Authored by Gena Usenheimer

How much deference should courts give to interpretive guidance of the New York Department of Labor?  We’ll soon find out, as the Second Circuit has certified the question to the New York Court of Appeals.  The answer has the potential to significantly impact employers throughout New York.

The question arose out of Ramos v. SimplexGrinnell LPContinue Reading

Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues, Offer of Judgment, Overtime, Rule 23 Certification, State Laws/Claims

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.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading

Update on the Battle “Grande”: Second Circuit Upholds Starbucks’ Tip Policy

Posted in Service Charges/Gratuities, State Laws/Claims

Co-authored by John W. Egan and Nadia S. Bandukda

As we previously reported, the Second Circuit has been considering the validity of Starbucks’ tipping practices in light of the opinion from the New York Court of Appeals clarifying the prohibition in the New York Labor Law against participation in tip-pooling arrangements by employers and their “agents.”

With its certified … Continue Reading

New York Teams Up With Feds To Go After Worker Misclassification

Posted in DOL Enforcement, Misclassification/Exemptions, State Laws/Claims

Authored by Carlos Lopez

Yesterday, New York became the latest state to partner with the U.S. Department of Labor to step up enforcement against employers suspected of misclassifying workers as independent contractors.  In a move designed to send a “clear message” to employers, officials from the U.S. DOL, the New York DOL, and the New York Attorney General’s Office signed … Continue Reading

No “Fluctuation” as New York Federal Courts Continue to Allow Half-Time Damages

Posted in Defenses, Misclassification/Exemptions, State Laws/Claims

Co-authored by Robert S. Whitman, Howard M. Wexler and Joshua D. Seidman

Continuing the recent string of good news for employers on the fluctuating workweek (“FWW”) front, last week a federal judge in the Southern District of New York held that RadioShack’s use of the FWW or “half-time” method to calculate overtime pay for managers was permissible under New … Continue Reading

A Caveman Definitely Couldn’t Do It: Court Finds GEICO Claims Representatives Meet Test for Administrative Exemption

Posted in Overtime, State Laws/Claims

Co-authored by Nadia S. Bandukda and Robert S. Whitman

The green gecko is surely happy about this: a federal judge has held that GEICO’s telephone claims representatives (“TCR”) are exempt from overtime under the Fair Labor Standards Act and New York Labor Law.

The plaintiff sued in 2009, seeking back pay for herself and others and claiming that the work … Continue Reading

The Second Circuit Orders A Double Bundle—Will Consider Impact of Comcast On Two Wage And Hour Class Actions

Posted in Rule 23 Certification, State Laws/Claims

Co-authored by Patrick Ryan and Noah Finkel

Earlier this week, the Second Circuit agreed to hear an appeal from the Southern District of New York concerning the impact of Comcast on wage and hour class actions.  The court will consider this appeal “in tandem” with Roach v. T.L. Cannon Corp.—another employment class action from the Northern District of New … Continue Reading

New York DOL Finally Green Lights New Wage-Deductions

Posted in DOL Enforcement, State Laws/Claims

Co-authored by Robert Whitman and Carlos Lopez

Good news for New York employers awaiting authorization to make wage deductions under the 2012 amendments to the state’s Labor Law:  the Department of Labor has posted final rules on its website.  The final rules became effective yesterday.

As we previously reported, the Department of Labor posted draft rules on its website … Continue Reading