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Employment Class Action Blog Blog

Articles: 1-10 of 117

Second Circuit Affirms Summary Judgment in Putative Internship Class

USA - December 12 2017 Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers…

New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes - Is A Poorly Constructed Bill The Right Cure For The Disease?

USA - December 8 2017 Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes. Senator Al Franken…

The Ninth Circuit Rules That both an Arbitrator and a Trial Court May Have a Role in a Case with Individual and PAGA Claims

USA - November 29 2017 Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act…

Court Grants Summary Judgment For Employer In Tip Credit Collective Action

USA - November 9 2017 With scores of collective actions being filed every month and many courts willing to issue conditional certification on even very weak claims, it’s…

California Court Denies Conditional Certification of “Regular Rate” Overtime Case

USA - November 6 2017 With waves of cases already having addressed common targets for wage and hour litigation - assistant managers, healthcare workers, loan officers…

The Next Employment Class Action Lawsuit That Will Blindside You

USA - November 2 2017 Do any of your office systems involve fingerprint scans or facial recognition? If so, and if you have any Illinois business operations, you may soon…

Another Off-the-Clock Case Felled by Time Study

USA - October 16 2017 Last week, we discussed the decision of the Northern District of California in Rodriguez v. Nike Retail Services, Inc., Case No. 14-cv-01508-BLF (N.D…

Time Study Kills Off-the-Clock Claim

USA - October 13 2017 In many cases, particularly in light of last year’s decision in Tyson Foods, Inc. v. Bouaphakeo, it is the plaintiff who tries to use statistical…

Illinois Appellate Court Reverses Certification in Off-the-Clock Case

USA - September 26 2017 With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases…

Seventh Circuit Affirms Judgment Against Class in Off-Duty BlackBerry Use Case

USA - September 7 2017 There certainly has been no shortage of publicity about the potential for wage and hour claims for time spent by hourly employees using smartphones…