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wage and hour
According to Law.com, wage and hour litigation is big, and getting bigger. One area that has been poised for a take-off for a couple of years is unpaid internships. Three recent filings illustrate the dangers of using unpaid interns in your business: A former unpaid intern for the “Charlie...
The New York State Senate Passes Bill Eliminating the Annual Pay Notice Requirement Under the New Wage Theft Prevention Act
By Michael S. Arnold Quick update on the New York Wage Theft Prevention Act, which we reported about here, here and here. The New York Senate has passed a bill eliminating the requirement that employers provide their employees with an annual pay notice. The bill now goes to the New York State...
Court of Appeal Rejects "Trial by Formula," Reverses Multimillion Dollar Verdict and Orders Class Decertified
Duran v. U.S. Bank Nat’l Ass’n, No. A125557, 2012 WL 366590 (Feb. 6, 2012) In a decision destined to have significant statewide ramifications, the California Court of Appeal for the First District reversed a trial court’s certification of a wage-hour class and determination of...
According to a recently-released Field Assistance Bulletin, the Department of Labor’s Wage and Hour Division (WHD) has advised its staff to uniformly enforce a rule that became effective on May 5, 2011 governing ownership of employee tips under the Fair Labor Standards Act (FLSA). In many...
Inadvertent ESI Disclosure Of Attorney-Client Communication Waives Privilege In FLSA Collective Action
Posted by Todd Dawson"Hey, Where'd You Get That Document?" ESI has become one of the most despised three-letter combinations in corporate America (and the lawyers who dutifully serve it). The costs and risks associated with a company's duty to preserve ESI are a headache of their own, but the...