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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
Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more
On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more
Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more
The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more
In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more
On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...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
On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more
In Ferra v. Loews Hollywood Hotel, LLC, the California Court of Appeal considered the method for determining the amount of the one hour of pay at the employee’s “regular rate of compensation” for each workday in which an...more
Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...more
California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more
Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling...more
Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The...more
As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or...more