Wage and Hour, Class Action, Evidence

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

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Alston & Bird on 3/28/2025

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

Constangy, Brooks, Smith & Prophete, LLP on 1/24/2025

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

Key California Employment Law Cases: January 2019

Payne & Fears on 2/26/2019

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...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

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

Representative Evidence May Or May Not Be Sufficient

Akerman LLP - HR Defense on 4/28/2016

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

U.S. Supreme Court Upholds Use of Representative Statistical Evidence to Establish Class-wide Liability in Tyson Foods Overtime...

Pillsbury Winthrop Shaw Pittman LLP on 4/7/2016

In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on...more

Ninth Circuit Issues Companion Cases Addressing Evidence Required To Show That The Amount In Controversy Requirement Has Been Met...

Carlton Fields on 1/23/2015

Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold...more

Wage and Hour › Class Action › Evidence