Topic
Employee Classification
240 published works
Class Action & Mass Torts
California District Court Decertifies Employment Class Action In Light Of Dukes
By Laura Maechtlen and Matthew Gagnon In an important marker of the workplace class action landscape, Judge Samuel Conti of the U.S. District Court for the Northern District of California…
California Employment Law Update
Class Certification Was Properly Denied To Retail Store Managers
By Tony Oncidi
Mora v. Big Lots Stores, Inc., 194 Cal. App. 4th 496 (2011) Putative class representatives Ana Mora, et al., asserted claims for unpaid overtime, meal and rest periods and related…
Wage & Hour - Developments & Highlights
Wal-Mart Succeeds In “Individualization” Defense in Class Action: I Told You It Happens!
A group of asset protection coordinators had filed a class action against Wal-Mart Stores Incorporated, claiming they had been misclassified as exempt employees under the Fair Labor Standards Act; the…
Wage & Hour Litigation Blog
Jury Hands Total Victory to Quicken Loans in Mortgage Loan Officer Overtime Case
Authored by Barry Miller A Detroit jury has handed a major win to the defendant employer in an overtime case brought on behalf of mortgage loan officers, rejecting the plaintiffs’…
California Employment Law Update
Pharmaceutical Sales Reps Were Properly Classified As Exempt Outside Sales Employees
By Tony Oncidi
Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (2011) Michael Christopher and Frank Buchanan were employed as pharmaceutical sales representatives (“PSRs”) of SmithKline d/b/a GlaxoSmithKline (“Glaxo”) and were classified as…
California Employment Law Update
Claims Adjusters Were Properly Classified As Exempt Administrative Employees
By Tony Oncidi
Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011) Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending…
Wage & Hour Law Update
Supreme Court Declines to Review Drug Reps Classification Issue
Despite the Circuit split created by this month’s decision from the Ninth Circuit, holding that pharmaceutical sales representatives are outside sales employees within the meaning of the FLSA, the Supreme…
Wage & Hour Law Update
District Court Finds That Software Company’s Technical Consultants Are Exempt “Administrative” Employees
As discussed here and here, the availability of the FLSA’s administrative exemption continues to be a hotly-contested issue in wage and hour litigation. One of the many areas of dispute in…
Class Action & Mass Torts
Fed Ex Triumphs In JPMDL Class Actions As To Independent Contractor Classification Issues
Co-authored by Lorie E. Almon and Gerald L. Maatman, Jr. A white hot area of focus for the plaintiffs' class action bar continues to be on alleged improper classification of…
Hunton Employment & Labor Perspectives
Pennsylvania Enacts Bill Targeting The Misclassification Of Construction Workers
On October 13, Pennsylvania Governor Edward G. Rendell (R) signed the Construction Workplace Misclassification Act (H.B. 400), which sets forth a number of prerequisites for classifying construction industry workers as…