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
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