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 SystemBy: Alison Silveira and Lilah Wylde
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes between employers and their workers are around every corner. Wage and Hour Around the Corner is a new blog series for employers, in-house lawyers
Continue Reading Wage and Hour Around the Corner: Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the FLSABy: Phillip J. Ebsworth and Andrew Paley
Seyfarth Synopsis: AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and manageability.
On June 21, 2024, AB 2288 and SB 92 were introduced proposing significant reforms to
Continue Reading PAGA Paraphrased – AB 2288 and SB 92By: Kyle D. Winnick and Robert T. Szyba
Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Act that increase employer wage-hour liability are not retroactive.
In Maia v. IEW Construction Group, the New Jersey Supreme Court decided a critical issue in employer’s favor regarding the “look-back”
Continue Reading New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are ProspectiveTips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.
By: Ariel Cudkowicz and Michael Steinberg
Seyfarth Synopsis: During oral argument on April 29, 2024, a panel of the Fifth Circuit
Continue Reading Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule