Labor Days
Deep Impact: New Overtime Rules Will Change Work, Not Overtime Pay
I'm going to say it: wage and hour laws can be a little boring. The vagaries of how to determine a fluctuating workweek, or the DOL's hyper-specific rules about how much an employer can subdivide time for purposes of…
Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”
Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and…
Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions
In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that…
New York Employers – Looking Backward and Forward.
Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come.…
Reminder – Be Careful When Settling A Wage Claim
Addressing an issue that the Second Circuit had not explicitly touched before, the court just held that parties cannot privately resolve and/or discontinue an FLSA claim, without the supervision of the DOL or court…