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
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
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.
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.
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
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
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
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
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
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.