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Wage & Hour Litigation Blog Blog

Articles: 1-10 of 225

Third Circuit Puts The Kibosh on Hybrid Hijinks

USA - October 14 2021 Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims…

How Much Time To Budget For Getting Through Security?

USA - August 23 2021 An unpublished Ninth Circuit opinion has held that an employer need not pay employees for time spent undergoing government-required security checks…

Sixth and Eighth Circuits Reshape FLSA Collective Action Litigation

USA - August 20 2021 Since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, federal district courts around the country…

Ninth Circuit Rules Uber Drivers Must Arbitrate Classification Claims Because They Are Not Interstate Transportation Workers

USA - August 11 2021 The Federal Arbitration Act (“FAA”) exempts workers engaged in interstate commerce from enforcement of mandatory arbitration…

While Its Appeal Remains Pending, the DOL Rescinds Its Joint Employer Rule as Inconsistent with the FLSA

USA - July 29 2021 Today, the U.S. Department of Labor rescinded the final rule entitled “Joint Employment Status Under the Fair Labor Standards Act,”…

Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

USA - July 7 2021 Though it may sound esoteric, the question of whether “last mile” drivers fall…

Proposed Tip Credit Regulations Place Further Litigation on the Menu

USA - July 2 2021 If the gist of a proposed regulation is made final, the 80/20 rule will be back, and with a vengeance. Employers who take a tip…

Second Circuit: Mere Allegation Of Willfulness Not Enough To Invoke Three-Year Statute Of Limitations

USA - May 10 2021 In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim…

Independent Contractor Classification Clarity, We Hardly Knew Ye

USA - May 6 2021 After delaying the effective date of a finalized Trump-era interpretive regulation that would have brought much…

Ninth Circuit Applies AB 5 Against Interstate Motor Carriers

USA - April 30 2021 Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor…