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Appellate Division Second Department Declines to Defer to NYSDOL Opinion Letter and Rules That Home Healthcare Attendants May Be Entitled to Wages for Hours Worked in Excess of 13 Hours a Day
  • Epstein Becker Green
  • USA
  • September 22 2017

In New York, State Department of Labor (“DOL”) regulations provide that the minimum wage must be paid for each hour an employee is “required to be


Hair Today, Gone Tomorrow: Seventh Circuit Rejects Claim That Cosmetology Trainees Were Employees
  • Jackson Lewis PC
  • USA
  • August 16 2017

Former cosmetology students are not employees entitled to pay under the FLSA and various state laws, the Seventh Circuit holds, rejecting the


The Fifth Circuit Strengthens Employers’ Right to Use Class Action Waivers
  • Husch Blackwell LLP
  • USA
  • August 14 2017

On August 7, 2017, a Fifth Circuit panel ruled, in a divided decision, that a class-action waiver can be enforceable even without an arbitration


When Are False Claims Act Releases in Separation Agreements Enforced?
  • Dinsmore & Shohl LLP
  • USA
  • August 1 2017

A recent decision from the Eastern District of Kentucky doubles as a primer on the enforcement of FCA releases in settlement agreements. Courts often


Making A Mountain Of The AdministrativeProduction Dichotomy Molehill
  • Seyfarth Shaw LLP
  • USA
  • July 31 2017

Earlier this month, the Ninth Circuit chose to side with the Second Circuit, and not the Sixth Circuit, to opine that mortgage


Trump Department of Justice Reverses Course on Class Action Waivers
  • Foley & Lardner LLP
  • USA
  • July 24 2017

On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in


Supreme Court Clarifies When Service by Mail is Permitted under the Hague Convention
  • Proskauer Rose LLP
  • USA
  • July 12 2017

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or


Florida 5th DCA Distinguishes Troublesome Hicks Opinion, and Other Statute of Limitations News
  • Burr & Forman LLP
  • USA
  • June 30 2017

Today, Florida’s Fifth DCA and Second DCA issued two seminal opinions; Klebanoff v. Bank of N.Y. Mellon, and Huntington National Bank v. Watters


White House Nominates William Emanuel for the Second of Two Vacancies on the National Labor Relations Board
  • Epstein Becker Green
  • USA
  • June 28 2017

On Tuesday night, the President announced the nomination of William Emanuel, a long time management-side labor employment lawyer, to fill the last


Ninth Circuit Narrows Already Slim Exception to Rule Barring Post-Removal Amendments to Avoid CAFA Jurisdiction
  • Baker & Hostetler LLP
  • USA
  • June 28 2017

A plaintiff will rarely be permitted to amend its class action complaint after removal to avoid federal jurisdiction under the Class Action Fairness