Wage & Hour Litigation Blog

Category Archives: State Laws/Claims

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New York AG Investigates Retailers’ Call-in Practices

Posted in Misclassification/Exemptions, State Laws/Claims

Authored by Robert Whitman and Caitlin Ladd

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

Juno How to Pay When Your Facilities Close for Weather-Related Reasons?

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

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.

EXEMPT EMPLOYEES

Most employees who are exempt from federal overtime requirements and paid … Continue Reading

2014 Wage Hour Wrap Up

Posted in Arbitration Agreements, Conditional Certification, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime, State Laws/Claims

Co-authored by Richard Alfred and Patrick Bannon

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

How to Slay the Monster of a Proposed Multistate Class Action

Posted in State Laws/Claims

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

NO “DEAL” ON SALES REPS’ CLASS CERTIFICATION BID AGAINST GROUPON, BUT THEY ARE INVITED TO TAKE A SECOND BITE AT THE APPLE

Posted in Rule 23 Certification, State Laws/Claims

Co-authored by Timothy F. Haley and Arthur J. Rooney

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

The 14th Edition of Litigating California Wage & Hour and Labor Code Class Actions Is Here!

Posted in State Laws/Claims

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

BREAKING NEWS RE CALIFORNIA CLASS ACTION WAIVERS: GENTRY IS DEAD; LONG LIVE PAGA.

Posted in Arbitration Agreements, State Laws/Claims

Co-authored by Colleen Regan and David Kadue

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

How Big Is Your Business Development Budget? Court Finds Employee Spending Beyond Fixed Allowance Voluntary While Trimming NY Wage Deduction Claim

Posted in State Laws/Claims

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

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