Archive of Class/Collective Action
California Supreme Court Finally Decides That Employers Must Relieve Employees of All Duty During Meal Periods But Does Not Have To Ensure That No Work is Performed
on Apr 12 in California, Class/Collective Action, Policies, Wage/Hour tagged Brinker, California Supreme Court, meal periods, rest periods by Anthony Rao
In a unanimous decision, today the California Supreme Court held that employers are not required to ensure that employees stop all work during meal periods. Rather, employers must relieve its employees of all duties (“provide”) during a 30-minute meal period wherein employees may do whatever they please. A meal period must be provided by the [...]
Keeping FLSA Settlements Confidential: Far From a Slam Dunk
on Feb 05 in Class/Collective Action, New Jersey, Wage/Hour tagged by Michael Tiliakos
There are a handful of certainties in life: death, taxes, the Yankees in the post-season, and the desire of an employer faced with an FLSA collective action to condition a settlement on some sort of confidentiality. Most employers involved in a settlement of an FLSA action want the plaintiffs to keep the settlement confidential to [...]
Waiver of FLSA Collective Action Rights in Any Forum is Unenforceable as a Matter of Law
on Dec 02 in Class/Collective Action, Employment Contract, Policies, Wage/Hour tagged arbitration agreement, Raniere v. Citigroup, waiver of FLSA collective action by Anthony Rao
In Raniere v. Citigroup Inc., the Southern District of New York held that waiver of the right to proceed collectively under the FLSA in any forum is unenforceable as a matter of law, and granted plaintiffs’ motion for conditional collective action certification. Plaintiffs (either Home Lending Specialists or Loan Consultants) asserted they were misclassified as [...]
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