Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy the FLSA’s salary basis test.
See our in-depth analysis here.
California Assembly Bill 51 (“AB 51”), a California law that prohibits employers from requiring employees to sign arbitration agreements as a condition of employment, is preempted by the Federal Arbitration Act (“FAA”) and unenforceable.
See our in-depth analysis of Chamber of Commerce v. Bonta here.
A plaintiff who has been ordered to arbitrate her individual claims for civil penalties pursuant to PAGA can maintain a court action to pursue non-individual PAGA claims seeking civil penalties for alleged Labor Code violations suffered by other employees.
See our in-depth analysis here and further commentary here.
Employer waived right to compel arbitration of individual claims and enforce class waiver where employer engaged in discovery, opposed a motion for class certification on the merits, filed motion for partial summary judgment, pursued an interlocutory appeal, and participated in multiple status conferences during litigation.
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Earlier this month, in United States ex rel. Zafirov v. Florida Medical Associates, Inc., the Eleventh Circuit joined four other circuits in holding that the qui tam provisions of the False Claims ...