State Law Wage & Hour Claims
$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184.
The
…
Virginia’s new overtime law authorizes collective actions
Virginia employers are at increased risk of class action wage litigation following passage of the Virginia Overtime Wage Act.
“Previously, Virginia had been content to rely on the overtime pay requirements of the federal Fair Labor Standards Act (FLSA),” note Kristina H. Vaquera and Shaun M. Bennett in a recent Jackson Lewis legal alert…
2020 Wage & Hour Developments: A Year in Review
The laws governing wages and hours of work affect nearly everyone—and have a significant affect on class and collective actions. How employees are paid, whether as hourly non-exempt, salaried-exempt, tipped, or commissioned sales workers, and how much they are paid, are questions of deep interest to employees and employers alike. And because the laws regulating…
A PAGA Case Cannot Stand Without Standing: Court of Appeal Affirms Trial Court’s Dismissal of PAGA Action After the Plaintiff Settles His Individual Labor Code Claims In Arbitration
In Kim v. Reins International California, Inc. (B278642, Cal. Ct. App., December 29, 2017), the State of California Court of Appeal for the Second Appellate District addressed for the first time the question of whether an employee-plaintiff, who had settled and dismissed his individual claims under the Labor Code against his employer, was able…
Step Right Up: Tentative Ruling Shows Amusement Park Beats Back Bulk of Class Bid
In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but indicating she would consider certification of several others pending further briefing.
Basis of Complaint
In 2013, a group of four …
Jackson Lewis Class Action Trends Report Summer 2017 Now Available
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending…
Judge Decertifies Class Based on Plaintiffs’ Differing Accounts of Their Responsibilities
Those who follow developments in wage and hour class actions know that challenges to the exempt status of assistant managers are quite common. Such cases often hinge on a detailed analysis of the actual job duties performed—with the plaintiffs claiming that the entire class performed little or no managerial work and the employer claiming that…
Middle District of Florida Finds Certification of FLSA Collective Action and Rule 23 Class Action Claims To Be Inconsistent
In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil Procedure 23 were “mutually exclusive and irreconcilable.” Tamera Goers, et. al. v. L.A. Entertainment Group and Amer Salameh, No. 15-cv-412-FtM-99CM (Aug. 25, 2016).…
Manhattan Supreme Court Judge Refuses to Certify Class of Interns; Adopts Balancing Test Similar to Second Circuit’s Primary Beneficiary Test
A recent New York State Supreme Court decision raises the bar for certifying an “opt out” class of unpaid interns seeking minimum or other wages, and provides valuable guidance for employers facing challenges to their unpaid internship programs. Rodriguez v. 5W Public Relations, Index No. 156571/14 (July 26, 2016). In Rodriguez, Justice Cynthia…