Co-authored by Robert A. Fisher and Christina Duszlak

Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation.

The Massachusetts Wage Act has been a boon to plaintiffs, as it provides for automatic treble damages for late or unpaid
Continue Reading Massachusetts Highest Court Refuses to Award a Triple Windfall

The


Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”

Authored by Cheryl Luce

Seyfarth Synopsis: Tipped workers who didn’t receive notice of the tip credit get a win under New York state minimum wage law in a case that echoes technical traps we have seen in FLSA decisions.

Throughout the year, we have been covering cases that show how the FLSA has been construed by courts as “remedial


Continue Reading Extra Credit: Franchise Restaurant Workers Clear Path to Massive Payout on Technicality Under New York Law

Co-authored by Kristen Peters and Simon L. Yang

Seyfarth Synopsis: Last month in Mendoza v. Nordstrom, Inc., the California Supreme Court addressed three questions about California’s “day of rest” statutes that prohibit employers from causing employees “to work more than six days in seven.” California employers can now rest assured that (1) employees are entitled to one day
Continue Reading And on the Seventh Day, Let Them Rest… or Work—If They Want!

iStock-649373572Authored by Katherine M. Smallwood

Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in line with a trend of states’ laws proactively limiting counties’ and cities’ abilities to promulgate ordinances that exceed worker
Continue Reading Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

Co-authored by Julie Yap and Michael Cross

Seyfarth Synopsis:  The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling highlights that trial courts are permitted to weigh conflicting evidence related to whether common or individual issues predominate. While expert
Continue Reading Battle of the Experts on Class Certification: A Win for Employers

sleeping on the jobCo-authored by Gena B. Usenheimer & Meredith-Anne Berger

Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The previously accepted interpretation of New York law allowed employers to pay 13 hours for a 24-hour
Continue Reading Sleeping on the Job? New York Court Finds Home Healthcare Employees Entitled to Pay for Each Hour on Overnight Shifts

Co-authored by Rachel M. Hoffer and John Phillips

Seyfarth Synopsis: Vampire Weekend crassly and rhetorically asked us, “Who gives a f*** about an Oxford comma?” As it turns out, lots of people: First Circuit judges, dairy farmers in Maine, truck drivers, your authors—the list goes on.

And when lists go on—as a Maine dairy company recently learned the hard
Continue Reading Comma, Comma, Comma, Comma, Comma Chameleon: Liability Comes and Goes with Oxford Comma

Authored by Simon L. Yang

Seyfarth Synopsis: Sometimes, plaintiffs’ attorneys have circumvented a key aspect of the California Legislature’s intent in enacting PAGA: limiting standing to pursue penalties for Labor Code violations to those employees who were actually harmed. Though a new California bill could halt those attempts, PAGA plaintiffs’ wiliness warrants a cautionary comment to the Legislature to ensure
Continue Reading A Cautionary Comment on PAGA (or Plaintiffs’ Attorneys Getting Around) Legislative Intent

N.D. CalAuthored by Eric Hill

Seyfarth Synopsis: Airline customer service representative denied pay for pre-employment 10-day classroom training program under the FLSA and California Labor Law.

The maxim “it is extremely difficult to find someone to pay you to learn” has been proven again! This must be why we, or at least most of us, eventually leave school to enter the
Continue Reading Does It Feel Like School? Are You in a Classroom? If So, Soak in the Knowledge but Don’t Expect Pay for the Training Time!