Searching Content indexed under Employment and HR by Kevin Ranlett ordered by Published Date Descending.
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Do Employers Have To Pay Unionized Workers For Time Spent Donning And Doffing Safety Gear? Supreme Court Says No.
In recent years, one of the hottest types of collective actions against employers under the Fair Labor Standards Act ("FLSA") is what is commonly called a "donning and doffing claim"—a lawsuit for unpaid wages for time employees spent changing clothes for work, such as putting on uniforms, safety gear, and the like.
United States
30 Jan 2014
The Fate of Hollywood Internship Programs May Rest With the Second Circuit
Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or collective actions alleging that interns must be paid like hourly employees.
United States
20 Dec 2013
U.S. Seeks Supreme Court Review of Noel Canning v. NLRB in an Effort to Rehabilitate Recess Appointments to NLRB (and CFPB)
We’ve previously written about the D.C. Circuit’s decision in Noel Canning v. NLRB, which held that President Obama’s three recess appointments in 2012 to the National Labor Relations Board (NLRB) are unconstitutional.
United States
26 Apr 2013
Supreme Court Holds That Plaintiff Whose Individual Claims Were Mooted By An Offer Of Judgment Lacks Standing To Maintain FLSA Collective Action
The Fair Labor Standards Act of 1938 permits an employee to file a "collective action" for damages against an employer individually and on behalf of other "similarly situated" employees who later choose to join the lawsuit.
United States
17 Apr 2013
Supreme Court to Decide Fair Labor Standards Act Case
Employers frequently face "donning and doffing" collective actions under the Fair Labor Standards Act (FLSA).
United States
20 Feb 2013
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
Eleventh Circuit Clarifies That Defendants May Introduce Evidence to Satisfy CAFA’s Removal Requirements
In "Pretka v. Kolter City Plaza II, Inc.", the US Court of Appeals for the Eleventh Circuit clarified that defendants may introduce their own evidence to meet the jurisdictional requirements for removing a case under the Class Action Fairness Act of 2005 (CAFA), such as the often-contested requirement that at least $5 million is at stake.
United States
2 Jul 2010
Dukes v. Wal-Mart Stores: En Banc Ninth Circuit Drastically Lowers the Bar for Class Certification and Creates Circuit Court Splits in Approving Largest Class Action Ever Certified
The US Court of Appeals for the Ninth Circuit has issued a significant decision affirming the certification of the largest class action since the adoption of Federal Rule of Civil Procedure 23.
United States
7 May 2010
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