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The Affordable Care Act and Lactation Breaks
As the nation awaits the Supreme Court’s opinion on the constitutionality of its individual health insurance mandate, some lesser-known provisions of the “Patient Protection & Affordable Care Act”...
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Christopher v. SmithKline Beecham – Supreme Court holds Pharma Reps Exempt...
On June 18, 2012, a 5-4 split United States Supreme Court held in Christopher v. SmithKline Beecham Corp. that under the most reasonable interpretation of the Department of Labor’s regulations,...
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A New Term in the U.S. Supreme Court: Cases to Watch
Earlier this month, the U.S. Supreme Court began a new term that is anticipated to include decisions on hot-button issues such as affirmative action, same-sex marriage and national security. The Court...
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Orrick Submits Amicus Brief on Behalf of SIFMA Urging Fifth Circuit to Reject...
Orrick, on behalf of its client, the Securities Industry and Financial Markets Association (“SIFMA”), recently filed an amicus brief in support of a petition for writ of mandamus filed by Wells Fargo...
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Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the...
A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23. In Espenscheid v....
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Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest...
The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. The Ninth Circuit previously...
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“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp....
Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions....
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Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No...
As employers welcome a new group of eager interns to their offices this summer, employers may be thinking about the recent wave of class action lawsuits alleging that unpaid internships violate minimum...
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The High Cost of Hiring Unpaid Interns
Given the difficulty of finding a job in today’s economy, unpaid internships are becoming increasingly popular, particularly for students looking to gain resume-boosting experience. Yet just because...
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The Affordable Care Act – Consider Yourself on Notice
Under the Affordable Care Act, employers subject to the Fair Labor Standards Act must provide a “Notice of Coverage Options” to each employee. The purpose of this Notice is to inform employees that...
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The Buck Stops Here!: Gristedes Foods CEO May Be Personally Liable for FLSA...
Last week, in Irizarry v. Catsimatidis, Docket No. 11-4035-cv (July 9, 2013), the Second Circuit held that Gristedes Foods CEO—and current NYC mayoral candidate—John Catsimatidis faces personal...
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Further Down the Rabbit-Hole we go: California’s Troubling Treatment of...
On July 17, 2013, the California Supreme Court denied review of the Second Appellate District’s decision in Gonzalez v. Downtown LA Motors, 2013 Cal. App. LEXIS 257 (Cal. App. 2d Dist. Mar. 6, 2013),...
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A Welcome ‘Waive’ of Second Circuit Cases: Class Action Waivers Deemed...
For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions. As recently as March 2011, the Second Circuit appeared...
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Court is in Session: Three Employment Law Cases Before the Supreme Court to...
The United States Supreme Court is now in session and three cases stand out on the docket that private employers will want to follow. While not the blockbusters heard during the Court’s last session,...
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Court is (Still) in Session: Updates On Three Key Employment Cases Pending...
Back on October 8, 2013, we highlighted three cases currently pending on the United States Supreme Court docket that employers will definitely want to follow. The cases address issues ranging from the...
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Strippers and the Fair Labor Standards Act: Lessons for All Employers
Late last month, in the Southern District of Florida, adult entertainers at several Rick’s Cabaret locations filed a lawsuit alleging that they were improperly categorized (and thus improperly...
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Get Paid for Getting Dressed? Supreme Court Clarifies “Changing Clothes”...
Updating a case we discussed last month, in Sandifer v. United States Steel Corp., No. 12-417 (January 27, 2014), the United States Supreme Court last week clarified the scope of Section 203(o) of the...
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Paid in Singles for a Shot at the Big Leagues: Former Minor Leaguers Sue MLB...
Spring training is just around the corner and major leaguers have already reported to their first workout. Meanwhile, an interesting development–three former minor leaguers have filed a lawsuit against...
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Are Employees Owed Pay for Going Through Security? SCOTUS Will Decide
The U.S. Supreme Court granted cert on March 3, 2014 in Integrity Staffing Solutions, Inc. v. Jesse Busk to resolve a federal circuit split on whether time employees spend in security screenings is...
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A 40 Hour per Week Volunteer? Second Circuit Says Yes
For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was...
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