Evidence, Corporate Counsel, Wage and Hour

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2025

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2025

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

Fisher Phillips on 9/26/2024

The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Employer’s Internal FLSA Audit Becomes Evidence in Misclassification Claim

Fisher Phillips on 5/3/2021

Wage and hour litigation remains one of the top types of litigation filed in federal courts. In 2020, in the midst of a pandemic, plaintiffs filed more than 5,000 Fair Labor Standards Act (FLSA) lawsuits. Because many of...more

Battle of the Experts on Class Certification: A Win for Employers

Seyfarth Shaw LLP on 5/10/2017

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

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

Fisher Phillips on 2/17/2017

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

California Court Provides Additional Guidance on Timekeeping Rounding, Grace Period Claims

Jackson Lewis P.C. on 2/8/2017

Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v....more

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