Insight and Commentary on Wage and Hour Law Developments Affecting Employers
In Thompson v. Real Estate Mortgage Network, the Third Circuit addressed a variety of ways in which a plaintiff could pursue claims against entities that claimed they were not her employer.
The plaintiff was hired as a mortgage underwriter by defendant Security Atlantic Mortgage Company (“SAMC”). Allegedly in response to…
After-hours electronic access to the workplace is an increasingly prevalent basis for “off the clock” wage-hour litigation.
Continue Reading Are You Sure You Want Your Employees Accessing Work-Related Emails After Hours?
By Alka N. Ramchandani & Michael D. Thompson
In recent years, Cal-OSHA has taken an aggressive stance against exposing employees to potential heat illness, often citing employers and proposing significant penalties for failing to provide to employees who work in high heat conditions with adequate drinking water, shade, training, and/or cool-down periods. Furthermore, as noted by…
By: Kara Maciel and Jordan Schwartz
On September 16, 2013, the U.S. Department of Labor (DOL) announced that Harris Health System (“Harris”), a Houston health care provider of emergency, outpatient and inpatient medical services, has agreed to pay more than $4 million in back wages and damages to approximately 4,500 current and former employees for…
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…
There has been a lack of clarity in California wage and hour law on how compensation must be structured to meet the “salary basis test,” particularly where an exempt employee is paid based on hours worked. However, in Negri v. Koning & Associates, the California Court of Appeal addressed this very…
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…
By Douglas Weiner
Last month, we released our Wage and Hour Division Investigation Checklist for employers and have received terrific feedback with additional questions. Following up on your questions, we will be regularly posting FAQs as a regular feature of our Wage & Hour Defense Blog.
In this post, we address an increasingly common issue…
By Michael Kun
As we have written before in this space, the latest wave of class actions in California is one alleging that employers have not complied with obscure requirements requiring the provision of “suitable seating” to employees – and that employees are entitled to significant penalties as a result.
The “suitable seating&rdquo…
By Michael Kun
Employers with operations in California have become aware in recent years of an obscure provision in California Wage Orders that requires “suitable seating” for some employees. Not surprisingly, many became aware of this provision through the great many class action lawsuits filed by plaintiffs’ counsel who also just discovered the provision. The…
We use cookies on this website to enhance your browser experience. By continuing to use this site or by clicking the button below, you are providing us with your consent to our use of cookies on the site. To learn more about cookies and how we use them, please review our privacy policy.
