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The buck stops here!: Gristedes Foods CEO may be personally liable for FLSA claims

USA - July 16 2013 Last week, in Irizarry v. Catsimatidis, Docket No. 11-4035-cv (July 9, 2013), the Second Circuit held that Gristedes Foods CEO—and current NYC…

Renee B. Phillips, Jill L. Rosenberg

Put up your Dukes! Supreme Court clarifies that damages must be capable of class wide resolution in Rule 23(b)(3) class actions the United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend

USA - April 3 2013 The United States Supreme Court's recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification…

Chris Brown, Gary R. Siniscalco

California Supreme Court eliminates damages in FEHA discrimination cases where employer proves mixed motive defense

USA - February 25 2013 Earlier this month, the California Supreme Court issued a ruling clarifying details of the "mixed-motive" defense applicable to discrimination claims…

Lena P. Ryan

Ninth Circuit holds employees are not required to allege a request for “suitable seats” for their claims to proceed

USA - February 20 2013 Last week in Green v. Bank of America Corp., No. 11.56365 (9th Cir. Feb. 13, 2012), the Ninth Circuit held that "suitable seats" lawsuits cannot be…

David A. Prahl, Andrew R. Livingston

Eighth Circuit rules employers can change workweek regardless of effects on overtime pay

USA - November 1 2012 On October 10, 2012, the Eighth Circuit in Abshire v. Redland Energy Services, LLC (Case No. 11-3380) confirmed that under the FLSA, employers are allowed to alter the days contained in employees’ workweek to minimize overtime pay as long as the change is intended to be permanent.

Erin M. Connell, Julie A. Totten