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Attorney's Fees Appeals Employer Liability Issues

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

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Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

CDF Labor Law LLP

Court Approves Attorney’s Fees for Employees Who Successfully Appealed Labor Commissioner’s Denial of Unpaid Wages Claim

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In Villalva v. Bombardier Mass Transit Corp., employees Mark Villalva and Bobby Jason Yelverton initially filed a claim for unpaid wages relating to on-call pay with the Labor Commissioner’s office, who denied their claim and...more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Affirms Attorneys’ Fees for Meal and Rest Break Claims

​​​​​​​On September 12, 2022, the California Court of Appeal held that employees bringing successful rest break and meal period claims are entitled to recover attorneys’ fees under California Labor Code section 218.5. The...more

ArentFox Schiff

Massachusetts Limits State Wage Awards Citing FLSA Preemption

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On April 14, 2022, in Devaney v. Zucchini Gold, LLC, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Addresses ‘Service Charges’ Under the Massachusetts Tips Act

Massachusetts is seeing an increase in Tips Act claims, and the Massachusetts Supreme Judicial Court (SJC) just reinforced that a lack of clarity in fee- and tip-related documentation may result in employer liability,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Rejects Proportionality Standard in FLSA Settlement Agreements When Determining Attorneys’ Fees

In a 29-page decision, the U.S. Court of Appeals for the Second Circuit held in Fisher v. SD Protection Inc., No. 18-2504, that a district court had abused its discretion by rewriting a Fair Labor Standards Act (FLSA)...more

Dentons

Lessons for Employers from Extended Litigation

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Lawyers love to follow the intricacies of litigation - we read the court decisions and follow matters through trials like some follow the latest happenings in their favorite TV drama. CRST Van Expedited v. EEOC - From...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Affirms Attorneys Fees Award Against EEOC Based on Frivolous Claims

In 2007, the Equal Employment Opportunity Commission filed suit against a trucking company, alleging a pattern and practice of sexual harassment affecting a class of 270 female employees. The district court dismissed the...more

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Seyfarth Shaw LLP

Delay in Correcting Paycheck Clerical Error Leads to Large Fee Award

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Seyfarth Synopsis: An employer did not incur waiting time penalties for inadvertently misstating the amount of pay on a final paycheck, but was liable for its delay in correcting the error. And, by taking an appeal from a...more

Seyfarth Shaw LLP

Seventh Circuit Allows Objector To Recover Fees From Class Counsel’s Fee Award

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Seyfarth Synopsis: In an opinion laced with frustration over a third appeal in a class action involving attorneys’ fees, the Seventh Circuit ruled that an objector was entitled to recover attorneys’ fees from class counsel’s...more

Seyfarth Shaw LLP

Class Action Cash-In: 7th Circuit Allows Attorneys’ Fees To Exceed Plaintiffs’ Payout

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Seyfarth Synopsis: In a class action asserting claims for breach of contract, unjust enrichment, and statutory fraud in regards to the sale of general-use, pre-paid gift cards, the Seventh Circuit affirmed the final approval...more

Carlton Fields

First Circuit: The Best Offense Is A Good Defense?

Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...more

Bass, Berry & Sims PLC

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Bass, Berry & Sims PLC on

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

Poyner Spruill LLP

DOL Gets Reined In - Fifth Circuit Court of Appeals says the agency pushed too far in worker misclassification case

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As most employers know, the United States Department of Labor (DOL), along with many other federal and state agencies such as the Equal Employment Opportunity Commission, has focused on pursuing employers for misclassifying...more

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