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SCOTUS Will Decide Whether Rule 68 Offers Moot FLSA Collective Actions
The U.S. Supreme Court granted cert on June 25, 2012 in Genesis Healthcare Corp. v. Symczyk to resolve a federal circuit split on whether an FLSA collective action is mooted when the lone plaintiff...
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The NLRB Finds That Social Media Policy Violates The National Labor Relations...
In its first ruling on an employer’s social media policy, the National Labor Relations Board found that Costco Wholesale Corporation’s social media policy in its employee handbook violated the National...
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U.S. Supreme Court To Decide Whether Class Action Plaintiffs Can Use...
The United States Supreme Court recently granted certiorari to review whether class action plaintiffs can avoid federal court jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating...
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See’s Candy Shops, Inc. v. Superior Court: California Appellate Court...
Many employers systematically round employee time punches to the nearest tenth of an hour. For example, if an employee clocks in at 9:58 a.m., the time is rounded up to 10:00 a.m.; and likewise if she...
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Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the...
A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23. In Espenscheid v....
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Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice...
Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern...
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Supreme Court Eliminates Jurisdictional Escape Hatch To The Class Action...
The U.S. Supreme Court’s decision in Standard Fire Insurance Co. v. Knowles confirms that a plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating that...
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Bark and Bite: Best Practices for Your Company’s Off-the-Clock Policy
Most employers maintain a written timekeeping policy stating that non-exempt employees should accurately record their time worked. Yet many employers are still facing class action lawsuits alleging...
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Court Strikes Down Proposed Class of Female Wal-Mart Employees – Again!
After suffering defeat in the United States Supreme Court, Plaintiffs in Dukes et al. v. Wal-Mart Stores, Inc. returned to court in California in an attempt to certify a newly defined and smaller class...
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Arbitration Wars: The California Supreme Court Strikes Back In Sonic II
On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In...
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Strippers and the Fair Labor Standards Act: Lessons for All Employers
Late last month, in the Southern District of Florida, adult entertainers at several Rick’s Cabaret locations filed a lawsuit alleging that they were improperly categorized (and thus improperly...
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Are Employees Owed Pay for Going Through Security? SCOTUS Will Decide
The U.S. Supreme Court granted cert on March 3, 2014 in Integrity Staffing Solutions, Inc. v. Jesse Busk to resolve a federal circuit split on whether time employees spend in security screenings is...
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Extra! Extra! Read All About It: California Supreme Court Affirms Reversal of...
The California Supreme Court in Ayala v. Antelope Valley Newspapers, Inc. recently affirmed and remanded the reversal of a denial of class certification in an independent contractor misclassification...
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