By: Phillip J. Ebsworth and Sofya Perelshteyn
Seyfarth Synopsis: Second Appellate District affirmed the ruling in a PAGA bench trial finding that the employer’s pay plan was lawful and that the PAGA notice did not include the facts and theories that plaintiffs pursued at trial.
The bench trial focused on the pay plan by which the employer car dealership paid
Continue Reading PAGA Paraphrased – Mora v. C.E. Enterprises, Inc.By: Howard M. Wexler, Kyle D. Winnick, and Kimberly I. Garcia
Seyfarth Synopsis: The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement.
Settling “hybrid” cases in the Third Circuit just became easier for parties asserting claims under both federal and state wage-and-hour laws.
By
Continue Reading Third Circuit Clarifies that FLSA Claims May Be Released by Absent Class MembersBy: Hillary Massey, Kyle A. Petersen, and Molly C. Mooney
Seyfarth Synopsis: The federal government has now shutdown as of midnight on Wednesday, October 1, 2025 with no money flowing to fund non-essential services. Private-sector employers with federal contracts may need to consider cost-saving measures, such as temporary furloughs, reductions in hours, or reduced pay.
With government funding
Continue Reading When Washington Goes Dark: What Federal Contractors Need to Know About the ShutdownBy: Phillip J. Ebsworth and Paul J. Leaf
Seyfarth Synopsis: The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are permitted.
The Fifth District Court of Appeal considered the meaning of pre-reform PAGA language stating
Continue Reading PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.By: Shannon Cherney and Lennon Haas
Seyfarth Synopsis: The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to the forum state may not be able to join a lawsuit filed there, even if they share similar claims.
Continue Reading Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour LitigationBy: Phillip J. Ebsworth and Jeff A. Nordlander
Seyfarth Synopsis: The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have standing to assert a PAGA claim.
In Osuna, the plaintiff submitted a PAGA notice
Continue Reading PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.By Phillip J. Ebsworth and Clara L. Rademacher
Seyfarth Synopsis: The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation.
In Rose v. Hobby Lobby Stores, Inc., a former employee at Hobby Lobby, filed a lawsuit
Continue Reading PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.By: Alex Simon and Kyle Petersen
Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions.
When this Blog wrote two weeks ago, “Swales, Clark, and Laverenz pave the way for additional district and appellate courts to depart from
Continue Reading The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the Standard for Sending Court-Authorized Notice to Potential Plaintiffs in Collective Actions.By: Alex Simon
Seyfarth Synopsis: The Seventh Circuit held that out-of-state plaintiffs must be dismissed from FLSA collective actions when the court lacks personal jurisdiction over them.
In a 2-1 decision reversing the lower court, the Seventh Circuit last week joined the Third, Sixth, and Eighth circuits in holding that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v.
Continue Reading Seventh Circuit Aligns with Majority on FLSA Nationwide Collective Actions: BMS AppliesBy: Phillip J. Ebsworth and Brian B. Gillis
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers.
The California Supreme Court overturned the Court of Appeal and prior appellate court decisions to conclude that the PAGA statute, legislative history, and public policy support the conclusion public entity employers are not subject to
Continue Reading PAGA Paraphrased – Stone v. Alameda Health System