Wage and Hour, Employment Policies, Summary Judgment

Employee quits but tries to take it back: Can she do that?

Constangy, Brooks, Smith & Prophete, LLP on 9/5/2025

A true story, somewhere. You are Dilbert, the head of Human Resources for a fictional company that is not perfect but still a pretty decent place to work. You have an employee, Dolores, who is more trouble than she’s...more

Seventh Circuit Clarifies Standards for Proving Hours Worked in FLSA Overtime Claims

Husch Blackwell LLP on 2/25/2025

The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the...more

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

You be the judge: Does this ADA plaintiff have a case?

Constangy, Brooks, Smith & Prophete, LLP on 10/25/2024

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...more

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible...

Perkins Coie on 3/23/2021

California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more

California Supreme Court Rejects Rounding of Timekeeping for Tracking Meal Periods

Holland & Knight LLP on 3/2/2021

If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on 2/18/2020

The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

California Wage and Hour Win for Employers: Rounding Policies and Timesheet Certifications

Sheppard Mullin Richter & Hampton LLP on 12/24/2018

On December 10, 2018, a California Appellate Court published its decision in Donohue v. AMN Services, LLC, affirming class-wide summary judgment for the employer. The court’s decision in this wage and hour case presents some...more

FRANCHISOR 101: Run for the Border(line) Wage Claim

Lewitt Hackman on 8/24/2018

The Ninth Circuit Court of Appeals upheld summary judgment in favor of Taco Bell on class claims that employees should be paid under California law for time spent on company premises eating employer-discounted meals during...more

The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time

Seyfarth Shaw LLP on 7/12/2018

The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

Sheppard Mullin Richter & Hampton LLP on 3/17/2017

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

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