One of my colleagues in California just wrote an interesting and important article about the computation of overtime. There is an old saying-overtime is not paid on overtime. Well, as
Continue Reading No Overtime On Overtime-Good Decision On Bonuses and OT CalculationI have blogged several times recently on the rash of “check bag” cases that have percolated through the courts. Another example. A class of workers employed by Converse Inc. have
Continue Reading A Waiting Time/Bag Inspection Case Where The De Minimis Defense Actually Worked!
It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to
Continue Reading Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case
Continue Reading Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime
I posted recently about a lawsuit involving Uber and independent contractors. Well, it’s happened again. The company was hit with a proposed class action suit in Pennsylvania state court
Continue Reading Another Uber Independent Contractor Class Action—Reaching Critical Mass?
The Uber phenomenon has been catching fire over the last few years with many people jumping on it as a means to make a living or extra money. I have
Continue Reading A Bumpy Ride: Uber Driver Ruled Employee, Not Independent Contractor
In November we reported on Wigdor v SoulCycle, which had been filed in New York Supreme Court, New York County. In that action a well-known plaintiff’s attorney, Douglas Wigdor,
Continue Reading No Soup for You, Part II: An Attorney’s Claim of Retaliation for Being Banned by a Business He Filed a Lawsuit Against
Do employers need to pay employees for accrued vacation time upon termination? This is a question without a simple answer, and one that has been heavily litigated over the past
Continue Reading What Employers Should Know About Vacation Pay
The surprise of the recent snowstorm in Southern California was nothing compared to the shock created by the California Supreme Court in its ruling in Brinker International Inc., et al.
Continue Reading The California Supreme Court Makes Life Easier For Employers
On February 9, 2012, the U.S. Department of Labor (“DOL”) announced that California has entered into a “memo of understanding” to work with the DOL to “end the practice of
Continue Reading California Joins The U.S. Department of Labor In Its Fight Against Misclassification