New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
NFL’s Rooney Rule: The Flores Discrimination Suit’s Impact on DEI initiatives [More with McGlinchey Ep. 38]
FLSA and Wage and Hour Issues for Restaurants
II-33- Hot Summer Trends: The Supreme Court on Class Action Waivers, and the Rise of Web Site Accessibility Lawsuits
In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
It’s the fourth quarter. Three seconds are left on the clock, and your team is losing by one point. Your place kicker confidently trots onto the field to attempt the game-winning field goal. As he does, the TV announcer says,...more
The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more
A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more
The health care industry seems to be ground zero for a particular kind of class action lawsuit. Many of these health care institutions have policies where a thirty-minute lunch period is automatically deducted from the daily...more
I have blogged numerous times about these automatic lunch deduction cases and have suggested remedies. Yet, these cases proliferate. Another very recent example is that of a hospital that has agreed to pay more than...more
Many employers these days have timekeeping systems that deduct time (e.g. thirty minutes) for lunch on a daily basis. There is an inherent danger in doing this, as employees may claim that they worked through lunch and...more
It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more
Healthcare facilities are increasingly becoming targets of collective action lawsuits under the Fair Labor Standards Act (FLSA). Several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks....more
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more
Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more
California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more
With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more
Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more
In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more
Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more
The Third Circuit U.S. Court of Appeals (with jurisdiction over Delaware, New Jersey, and Pennsylvania) has ruled in Babcock v. Butler County that employees who receive the "predominant benefit" of a meal break are not...more
On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more