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Wages & Hours

More lawsuits winning class-action status

Employees managed to convert individual lawsuits against their employers into class actions at a record-breaking clip in 2019, according to the Seyfarth Shaw law firm’s annual Workplace Class Action Litigation Report.

DOL rule narrows ‘joint employer’ status

A new Department of Labor rule tightens the definition of what constitutes a joint employer under the Fair Labor Standards Act, making it less likely that more than one entity can be held liable for the same federal wage-and-hour violations.

The new overtime rules: 6-point checklist to start complying now!

Are you fully compliant with the new overtime rules that went into effect Jan. 1? Follow this checklist to ensure you are.

DOL seeks $400 million for Oracle pay bias

A federal court in California began hearing testimony Dec. 5 in a lawsuit that claims software giant Oracle underpaid current and former workers by more than $400 million while they worked on government contracts over the course of four years.

Demonstrate good faith on wage claims by seeking advice from your attorney

If you don’t pay overtime as required by the Fair Labor Standards Act, you may end up owing both back pay plus a penalty equal to the amount you owed. But that’s not all; it could get worse.

McDonald’s pays $26 million for OT violations

Sometimes, seemingly insignificant wage-and-hour practices can add up to a huge employer liability—especially if they are contested in a class-action lawsuit.

California clarifies rest-period pay and rounding rules

On Oct. 9, 2019, the California Court of Appeal weighed in on two long-debated wage-and-hour issues in Ferra v. Loews Hollywood Hotel, LLC.

California law covers vacation pay disputes, not Fair Labor Standards Act

The Fair Labor Standards Act sets the federal minimum-wage and overtime rules. Contrary to what many workers seem to believe, it does not guarantee additional wage-related benefits such as vacation or sick-time pay. Employees whose employers provide such benefits can’t sue under the FLSA, claiming they weren’t paid as promised.

Yes, same employee can file several EPA suits

Can an employee keep coming back to court with a new comparator? The answer appears to be a qualified “yes” as long as the new co-worker comparator arrived on the scene after the earlier lawsuit began.

Rule would allow bonuses for fluctuating workweek employees

The proposed rule would revise the regulation for computing overtime compensation for salaried, non-exempt employees who work hours that vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act.