In a great many wage-hour complaints alleging unpaid overtime or failure to pay minimum wage, plaintiffs will bring suit without identifying any specific instances in which the plaintiffs ever worked unpaid overtime or worked for a period of time without being paid at least the minimum wage. The absence of such basic facts plagues many class action and collective action complaints, in particular. The Ninth Circuit’s recent opinion in Landers v Quality Communications rejects the notion that plaintiffs can survive a motion to dismiss by relying on cookie-cutter allegations. ...
As if traffic in California was not bad enough by itself, employers in the trucking industry have one more thing to worry about – whether they are complying with California’s meal and rest break laws. In Dilts v. Penske Logistics, LLC, the plaintiffs represent a class of delivery drivers and installers. Defendants had hoped to avoid the claim that they had violated California’s meal and rest break laws by arguing that as “motor carriers” the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) preempts California’s meal and rest break laws. The trial ...
Blog Editors
Recent Updates
- Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA
- U.S. Department of Labor Issues Final Overtime Rule Raising Salary Thresholds
- Time Is Money: A Quick Wage-Hour Tip on New York Meal and Rest Periods
- D.C. Expands Coverage of Minimum Wage Law
- Epstein Becker Green’s Free Wage-Hour App Includes Updates on New 2024 Laws