Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
1/21/2025
/ Appeals ,
Class Action ,
Clear and Convincing Evidence ,
EMD Sales Inc v Carrera ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Preponderance of the Evidence ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
White-Collar Exemptions
Summary -
The California Supreme Court held in Adolph v. Uber Technologies, Inc. that a plaintiff compelled to arbitrate an individual California Labor Code Private Attorneys General Act (PAGA) claim still maintains...more
The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more