Insight and Commentary on Wage and Hour Law Developments Affecting Employers
By Michael Kun
Much has already been written about last week’s California Supreme Court decision in Duran v. U.S. Bank Nat’l Ass’n, a greatly anticipated ruling that will have a substantial impact upon wage-hour class actions in California for years to come. Much more will be written about the decision as attorneys digest it,…
By: Kara M. Maciel
The following is a selection from the Firm’s October Take 5 Views You Can Use which discusses recent developments in wage hour law.
Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers…
By Michael Kun
A California plaintiff who prevails in a wage-hour lawsuit generally may recover his or her attorney’s fees. The same is so for employers — but only for the next few months.
A new statute will take effect in January 2014 that will change whether and how an employer who prevails in such…
“Arbitration Agreement” “wage hour” “Dr. Horton” “Ernst & Young” “Ninth Circuit”…
Continue Reading The Ninth Circuit Enforces An Arbitration Agreement Containing A Class Action Waiver, Joining The Majority Of Courts Who Have Considered And Declined To Follow The NLRB’s Decision In D.R. Horton
Michael Kun, co-founder of this blog and Member of Epstein Becker Green, was recently quoted in Inside Counsel about the impact of the U.S. Supreme Court’s Wal-Mart v. Dukes decision upon wage-hour class actions.
The article, “Citing Dukes, Court Overturns Class Certification in Wage and Hour Dispute,” focuses on the Ninth Circuit’s…
By Michael Kun
“Hybrid” wage-hour class actions are by no means a new concept.
In a “hybrid” class action, the named plaintiff files suit seeking to represent classes under both the federal Fair Labor Standards Act (“FLSA”) and state wage-hour laws. As the potential recovery and limitations periods for these claims are often very different…
Wage-hour lawsuits filed under the federal Fair Labor Standards Act (FLSA) represent one of the fastest growing and most problematic areas of litigation facing employers today, especially when such cases are brought as collective actions. A recent Supreme Court case based in class action analysis provides a potentially-useful analog for employers to…
Exempt or non-exempt: That is the question. One of the most difficult areas in wage and hour law for retailers is properly classifying their managerial employees for purposes of determining if overtime need be paid or meal and rest breaks provided.
Continue Reading Actual Duties Define Exempt Status of Managerial Retail Employees and Precludes Class Certification
by Michael Kun
In 2005, Congress passed the Class Action Fairness Act (“CAFA”) to ensure that large, interstate class actions could be heard in federal courts. Under CAFA, federal courts have been given original jurisdiction over those class actions in which at least one party is diverse and the amount in controversy exceeds $5 million …
By Michael Kun
The Ninth Circuit has just issued an important new opinion that not only makes clear that the Supreme Court’s landmark Dukes v. Wal-Mart decision in fact applies to wage-hour claims, but also provides some very strong language for employers to rely upon in opposing class certification motions in wage-hour cases.
The Ninth…
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