Tag: wage and hour

California

Was CBA Sufficient to Compel Arbitration of California Nurse’s Wage and Hour Claims?

A nurse filed a class action lawsuit against her former employer alleging wage and hour violations, including failure to provide meal and rest breaks and pay overtime. The hospital asked the court to compel arbitration, relying on arbitration provisions in a collective bargaining agreement (CBA). Read on to see if the court granted the employer’s request.

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New Report Examines Trends in Wage and Hour Class Action Suits, Settlements

Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]

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California’s Top 5 Wage and Hour Risks

The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.

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Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.

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Jury to Determine Whether Restaurant’s FLSA Violations Were ‘Willful’

By Kate McGovern Tornone, Editor A federal district court has determined that a jury should decide whether a restaurant “willfully” violated the Fair Labor Standards Act (FLSA) when it declined to research the law’s requirements and ignored a warning that its compensations policies were not in compliance.

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The Cost of Compliance? Applying Risk Assessment to FLSA Exemptions

By Holly Jones, JD, Senior Legal Editor During her recent master class on the upcoming changes to the Fair Labor Standards Act’s (FLSA) white collar exemptions, Kara Shea shared a wealth of advanced, in-depth legal information on wage and hour compliance. She also shared a little of the practical business strategy that comes from her […]

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Who Can Recoup Attorney’s Fees Under California Wage and Hour Law?

California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.

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