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The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
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Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more
Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the...more
In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019, a three-judge panel on the Fifth Circuit Court of Appeals unanimously held that “district courts may...more
For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more
How can a company manage its overtime policy in compliance with California law? A recent decision by a federal district court in California certified a class action involving claims of unpaid overtime, and the court’s...more
Discovery disputes in class actions often focus on plaintiffs’ requests for computer data regarding putative class members’ claims, and how far defendants need to go in providing such data. ...more
The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more
After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more