Authored by John P. Phillips
Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court. This case gives the Supreme Court an excellent opportunity to address the proper construction of FLSA exemptions and allow the plain and common
Continue Reading The Ninth Circuit Goes All In. Will the Supreme Court Call?
Co-authored by Hillary J. Massey and Kerry Friedrichs
The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy under the FLSA and the California Labor Code.
“This case turns on $15.02 and one minute.” From
Continue Reading Ninth Circuit Roundly Supports Time Punch Rounding
Co-authored by Kara Goodwin and Noah Finkel
The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the dealership’s customers—are exempt from the Fair Labor Standard Act’s (“FLSA”) overtime pay requirements. Although the case involves a somewhat-discrete exemption that has
Continue Reading Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status of Automobile Service Advisors May Result in Reminder that Exemptions Are Functional and Flexible
Authored by Simon L. Yang
As discussed by our Consumer Class Defense Blog, this week’s Supreme Court decision in DirecTV, Inc. v. Imburgia reversed a California Court of Appeal that had applied the California Consumer Legal Remedies Act’s prohibition of class waivers in arbitration agreements. According to the lower court’s decision, an arbitration agreement’s terms—directing application of the “law
Continue Reading Supreme Court Airs Re-Run on Class Waivers in DirecTV But Disappoints Again by Declining PAGA Waiver Programming
Authored by Emily Barker
This week, in Sakkab, et al v. Luxottica Retail North America, Inc., the Ninth Circuit ruled that an employee cannot waive the right to bring a representative action under the Private Attorneys General Act (“PAGA”) through an arbitration agreement or any other means. In so doing, it found the California Supreme Court’s “Iskanian
Continue Reading Ninth Circuit’s Pro-PAGA Decision Is Not the Death Knell for Class Waivers in Arbitration Agreements
Co-authored by Catherine M. Dacre, Tamara Fisher, and Simon L. Yang
When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class certification, nothing is certain when that decision also
Continue Reading Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit
Authored by Simon L. Yang
Final approval of a class action settlement sometimes isn’t so final.
At least that’s what the Ninth Circuit reminded Labor Ready Southwest, Inc. and a class of current and former employees earlier this week. On Tuesday, the Ninth Circuit vacated an order granting final approval of their class settlement of FLSA and California Labor Code
Continue Reading Not So Fast (and Not So Final): Ninth Circuit Tells District Court to Reconsider Final Approval of Class Settlement
Authored by Noah Finkel
The Tampa Bay Buccaneers had a tough week last week. It wasn’t just their loss to the Detroit Lions. Defeats on Sundays are something with which the Bucs have grown accustomed. Rather, last week the 11th Circuit Court of Appeals held that the Bucs’ attempt to have an adverse judgment against themselves would not end a
Continue Reading Can’t Win For Losing? Try Offering Complete Relief, Not Rule 68
Authored by Kyle Petersen
For years, employers have been frustrated by lengthy and costly FLSA litigation prompted by little more than conclusory allegations that the plaintiff and a putative class were not paid for all of their overtime work. Since the Supreme Court clarified the federal pleading standards in Twombly and Iqbal, the doors to the courthouse may be
Continue Reading Not So Fast: 9th Circuit Puts the Brakes on Boilerplate, Bare Bones FLSA Complaints
Authored by Jessica Schauer Lieberman
The Department of Labor surprised employers last week by weighing in on Integrity Staffing Solutions, Inc. v. Busk, which is currently pending before the Supreme Court, and supporting the employer’s position. The administration’s amicus brief, filed last Wednesday, is good news for employers that require their workers to pass through security screenings before or
Continue Reading DOL Shows Integrity in Supporting Employer on Compensability of Time Spent in Security Screenings