Wage & Hour Litigation Blog

Category Archives: State Laws/Claims

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The 16th Edition of Litigating California Wage & Hour and Labor Code Class Actions Is Here!

Posted in State Laws/Claims

Authored by Christopher A. Crosman

We are excited to announce the 16th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class ActionsAs in previous editions, this publication reviews the most commonly filed wage and hour and Labor Code class and representative claims and the development of the law over the last several years, … Continue Reading

You Can’t Eat Your Cake And Have Your PAGA Too

Posted in State Laws/Claims

Authored by Daniel C. Whang and Simon L. Yang

Seyfarth Synopsis: When an allegedly aggrieved employee attempts both to seek compensatory relief as an individual and to impose penalties as a proxy for the California Labor Commissioner under the Private Attorneys General Act of 2004 (“PAGA”), the resulting comingling of the plaintiff’s interests as an individual and as a representative … Continue Reading

In Final Exam, Court Rejects Hearst Interns’ Pay Claims

Posted in Misclassification/Exemptions, State Laws/Claims

Authored by Rob Whitman

Seyfarth Synopsis: Unpaid interns for Hearst magazines have been rebuffed again in their effort to be declared eligible to receive wages under the FLSA and the New York Labor Law.

In an August 24, 2016 ruling, Judge J. Paul Oetken of the Southern District of New York held that six interns, who worked for Marie … Continue Reading

Prompt Payment Required – Doesn’t Matter If Fired, Retired, Or Resigned

Posted in State Laws/Claims

Co-authored by Monica Rodriguez and Justin Curley

Seyfarth Synopsis: The California Supreme Court holds that employers must promptly pay final wages owed to employees who quit, including those who retire, or risk paying steep statutory penalties under California Labor Code section 203.

What Were the Plaintiff’s Claims?

Janis McLean worked as deputy attorney general for the California Department of Justice. … Continue Reading

PAGA Amendments Address Legislature’s Concerns, Not Employers’ Concerns

Posted in State Laws/Claims

Authored by Simon L. Yang

Seyfarth Synopsis: PAGA was amended earlier this week, in connection with the California legislature’s approval of the state’s annual budget. The legislation did not implement any of the more substantive changes that Governor Brown’s proposed budget had previously suggested—e.g., requiring PAGA plaintiffs to provide additional information when submitting pre-filing written notice to the LWDA or … Continue Reading

PAGA 101: Tired of Stupid Answers? Time to Ask the Stupid Questions

Posted in State Laws/Claims

Authored by Simon L. Yang

When PAGA—California’s Labor Code Private Attorneys General Act of 2004—was first enacted, we knew it would take years to see how it would be applied. Twelve years (and over $30 million in penalties paid to the state) later, we thought we’d have more answers. But many California employers, attorneys, and judges, now all too familiar … Continue Reading

Advising On Their Own: Financial Advisors’ Class Claims Defeated

Posted in Conditional Certification, Misclassification/Exemptions, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Hillary J. Massey

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class certification of such claims because the plaintiffs failed to show that common issues predominated. The court, pointing to other decisions denying … Continue Reading

Better Sit Down for This… or Stand and Rejoice? California Supreme Court Clarifies “Suitable Seating” Rules

Posted in State Laws/Claims

Authored by Jeffrey A. Berman, Julie G. Yap, and Michael Afar

Last week, the California Supreme Court issued a ruling on a California Wage Order requirement that employers provide “suitable seats” for employees when the “nature of the work reasonably permits the use of seats.” The consolidated decision says employers have to provide seating where employee tasks … Continue Reading

Gimme Shelter: A Safe Harbor Deadline Looms for California Piece-Rate Employers

Posted in State Laws/Claims

Authored by Michael Kopp

Piece-rate employers in California have faced a surge of class action lawsuits in recent years seeking substantial sums for the failure to separately pay for rest breaks and nonproductive time. On January 1, 2016, California Labor Code section 226.2 went into effect, requiring employers to separately compensate piece-rate employees for rest break and nonproductive timeContinue Reading

Who Me? Yes, YOU: Personal Liability for Wage Hour Violations

Posted in State Laws/Claims

Authored by Michael A. Wahlander and John R. Giovannone

With March Madness in full swing, we interrupt your crumbling tournament brackets to ensure you’re aware of a truly maddening development. California law now makes individuals potentially liable for employer violations of many often-convoluted wage and hour rules.

That’s right—individuals, not just companies, may be liable for wage and hour violations.… Continue Reading