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Results:1-10 of 78

Employer’s Litigation Hold Not Unlawful, NLRB Division of Advice Concludes
  • Proskauer Rose LLP
  • USA
  • December 21 2018

Last year about this time, the NLRB changed the standard for reviewing handbook rules. The new standard takes into consideration the fact there are


California Employment Law Notes
  • Proskauer Rose LLP
  • USA
  • May 13 2018

Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as


Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit
  • Proskauer Rose LLP
  • USA
  • January 8 2017

Last week, in McCaster et al. V. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores


Exchange of employee wage information: what is permitted under the antitrust laws?
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The exchange of wage-related information between two competitors may not be a per se violation of antitrust laws, according to a Federal court in Michigan.


California law should have been applied to determine if drivers were employees or independent contractors
  • Proskauer Rose LLP
  • USA
  • March 1 2012

Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers' compensation insurance and unfair business practices.


Supreme Court sets oral arguments in Brinker
  • Proskauer Rose LLP
  • USA
  • October 4 2011

The California Supreme Court announced today that it will hear oral arguments in the landmark wage-and-hour case Brinker Restaurant v. Superior Court on November 8 in San Francisco.


Offer of judgment for full amount of class rep's claim did not moot class action
  • Proskauer Rose LLP
  • USA
  • September 9 2011

Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of contract.


Unlicensed junior accountants may be exempt from overtime
  • Proskauer Rose LLP
  • USA
  • July 13 2011

Two thousand unlicensed junior accountants brought this wage-and-hour class action against PwC, alleging they were improperly classified as exempt from overtime.


Class of 1.5 million female Wal-Mart employees was improperly certified
  • Proskauer Rose LLP
  • USA
  • July 13 2011

The United States Supreme Court held that this class of as many as 1.5 million current and former female Wal-Mart employees was improperly certified by the lower court.


Supreme Court tightens class action rules, rejecting class composed of 1.5 million Wal-Mart employees
  • Proskauer Rose LLP
  • USA
  • June 21 2011

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification of a gender discrimination lawsuit brought by 1.5 million current and former Wal-Mart employees because the plaintiffs failed to identify a specific, company-wide policy or practice of discrimination.