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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
Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more
Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more
In my 20+ years as a management-side employment lawyer, I used to receive calls about all kinds of workplace situations, but there is one category that still gives me nightmares. “Hi Steve. Long time, no talk. The reason I’m...more
On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more
On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair...more
In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more
On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that an employee is exempt from the minimum wage and...more
On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more
In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the...more
On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more
Plaintiffs sometimes seek to certify an “issues class” under Federal Rule of Civil Procedure 23(c)(4) (or an equivalent state court rule) if they anticipate difficulty certifying the entire case for class treatment, but...more
Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more
In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more
Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more
We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...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
While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more
On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more
While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more
Seyfarth Synopsis: Calculating the correct “regular rate of pay” for overtime hours under California law, in order to properly factor in certain types of bonuses, can give nightmares to even the most diligent employers. The...more
Employers often do not like to pay overtime, although they must, and they sometimes come up with creative arrangements not to do so. That is fine, until an employee, often one who has been fired, files a lawsuit. Then, the...more
The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more
In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more