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Law.com

N.C. Employee's Contractual Dispute Over $70K in Unpaid Wages Allowed to Proceed, Federal Judge Rules

"It is not clear from the face of the complaint that plaintiff's breach of contract claim is barred by the statute of limitations because it is plausible that partial payments from defendant Adora made sometime between 2016 and 2022 tolled the statute of limitations. This is a factual issue that cannot be resolved at the motion to dismiss stage," U.S. District Judge William L. Osteen said.
5 minute read

The Legal Intelligencer

Health Care Worker Files Class Action Against Staffing Agency for Unpaid Meal Breaks

This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
4 minute read

The Legal Intelligencer

Bayada Agrees to $13.5M Settlement With Nurses in Wage Class Action

Plaintiffs in the action claimed that Bayada failed to pay nurses for time they spent giving or receiving reports on patients' status at the beginning and end of shifts and for time they spent completing company-mandated trainings.
3 minute read

The Recorder

Public Employers Exempt From Labor Code Provisions, PAGA Penalties, California Supreme Court Says

Forcing public agencies to pay penalties under the Private Attorneys General Act "would simply rob Peter to pay Paul," Justice Carol Corrigan wrote.
3 minute read

New Jersey Law Journal

Law Firm in Crosshairs as 8 Ex-Staffers File Suit Against It

"Davis, Saperstein & Salomon will be serving frivolous litigation notices on attorney Shell and his clients, and will seek dismissal of these claims on procedural grounds, including legal fees and costs," said the firm's attorney, Keith McDonald.
4 minute read

The Recorder

California Supreme Court Upholds Proposition 22, App-Based Driver Classification Law

The court held that the Legislature's power to regulate the workers' compensation system is not exclusive and does not forestall citizen initiatives on the topic.
3 minute read

National Law Journal

Appeals Court Ruling That College Athletes Can Be Employees Leaves 'Lots of Open Questions'

The U.S. Court of Appeals for the Third Circuit said Division I student-athletes could fall under the Fair Labor Standards Act if they perform services for a university, under the university's control and in return for implied compensation or benefits.
5 minute read

The Legal Intelligencer

High Court's Administrative Law Transformation and Its Impact on Federal Wage-and-Hour Law

This legal transformation is taking place at the same time that significant government regulations are being challenged, including the U.S. Department of Labor's final rules increasing the salary levels for the so-called "white collar" exemptions and classifying workers as independent contractors under the Fair Labor Standards Act as well as myriad other regulations issued by the Federal Trade Commission and National Labor Relations Board, just to name a few.
6 minute read

The Legal Intelligencer

College Athletes Can Be Considered Employees Under FLSA, 3rd Circuit Says

"We disagree with our sister circuit court's comparison of college athletes to prisoners and refuse to equate a prisoner's involuntary servitude, as authorized by the Thirteenth Amendment, to 'the long-standing tradition' of amateurism in college athletics," Restrepo said.
4 minute read

Law.com

Judge Says a Jury Should Decide Whether 'Oral Agreement' for Base Salary Existed Between Attorney, Former Firm

"Specifically, Freeland's pay statements demonstrate some discrepancies between pay periods, contrary to his assertion that he was always paid consistently. For instance, Freeland's pay statements show that there were several pay periods when Freeland received nothing in regular pay salary," wrote U.S. District Judge Nancy L. Maldonado for the Northern District of Illinois.
6 minute read

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