Tag Archives: “minimum wage”

Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees

By Greg Mersol on February 22, 2019 Posted in FLSA

In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still students. We’ve seen this argument before in the context of both students and interns. (November 15, 2018, December 12, 2017, and May … Continue Reading

California Court of Appeals Affirms Employer Class Action Wage and Hour Win at Trial

By Greg Mersol on October 16, 2018 Posted in Class Action Litigation, Wage and Hour

Employer Performance-Based Rate Scheme for Automobile Repair Upheld Under California Law With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs’ counsel have increasingly turned to technical overtime or minimum wage violations as a vehicle to bring class or collective action litigation. As a recent claim reflects, … Continue Reading

Ohio District Court Dismisses Contract-Based Wage and Hour Class Action

By Greg Mersol on September 5, 2017 Posted in Wage and Hour

A mud-covered pig is still a pig We’re used to seeing off-the-clock cases for minimum wage and overtime, but at times such claims aren’t available, such as when the employees are paid well above the minimum wage and either do not work overtime or are paid for it. In most states, and under the FLSA, … Continue Reading

A Win for Employers in California Class Action Split Shift Wage Dispute

By Gilbert Brosky on June 1, 2011 Posted in Wage and Hour

A federal court in California recently held in a class action case that employers satisfy California’s split shift wage regulation if they pay their employees who work split shifts at least the minimum wage for the actual time spent working plus one additional hour at the minimum wage rate. (Galvez v. Federal Express Inc.pdf., No. … Continue Reading

Ninth Circuit Affirms Dismissal of Collective Action Arising Out of Repayment of Training Costs

By Greg Mersol on December 9, 2010 Posted in FLSA

Many employers have programs advancing or even paying the costs of employee education or training. Frequently, those policies obligate the employee to reimburse the employer if the training is not completed, or if the employee terminates shortly after completing that training. A recent Ninth Circuit case underscores that, if properly applied, these types of policies … Continue Reading