Wage and Hour Litigation

  • New Jersey Law Journal

    Dancer's Statutory Claim Against Club Not Subject to Arbitration

    By Charles Toutant | August 17, 2017

    The U.S. Court of Appeals for the Third Circuit has reinstated a suit claiming that exotic dancers at a men's club have been wrongly classified as independent contractors.

  • The Legal Intelligencer

    'Protz': Problems for Practitioners and Politicians

    By Francis X. Wickersham and Audrey L. Copeland | August 17, 2017

    On June 20, the Pennsylvania Supreme Court declared Section 306(a.2) to be unconstitutional under Article I, Section II of the Pennsylvania Constitution pursuant to the nondelegation doctrine in Protz v. Workers' Compensation Appeal Board (Derry Area School District), 161 A.3d 827 (Pa. 2017). Protz has electrified the workers' compensation bar.

  • The Recorder

    Ninth Circuit Routes Apple Store Worker Suit Over Security Screening Pay to State Supreme Court

    By Ross Todd | August 16, 2017

    The Ninth Circuit asked the California Supreme Court to weigh in on whether state law requires Apple Inc. to pay workers at its retail stores for time spent waiting for security checks at the end of work shifts.

  • New York Law Journal

    Gurrieri v. County of Nassau

    By newyorklawjournal | New York Law Journal | August 15, 2017

    Only AMTs' FLSA Overtime Claims Against County Survive; Complaint May Be Amended to Add Facts

  • The Legal Intelligencer

    Crespo v. Hughes, PICS Case No. 17-1227 (Pa. Super. July 18, 2017) Ransom, J. (35 pages).

    By thelegalintelligencer | The Legal Intelligencer | August 11, 2017

    Trial court erred in precluding plaintiff's conviction for receipt of stolen property, where crimen falsi evidence was per se admissible, and where evidence of the conviction was relevant to plaintiff's wage loss claim. Judgment reversed in part and affirmed in part, case remanded for new trial on damages.

  • New Jersey Law Journal

    In the Matter of County of Atlantic

    By njlawjournal | New Jersey Law Journal | August 10, 2017

    Salary Step Increases Required to Remain in Place until Parties Reached New CBA, Under Terms of Prior CBA

  • New York Law Journal

    MacIntyre v. Moore

    By newyorklawjournal | New York Law Journal | August 4, 2017

    Town's Fired Inspectors Fail to State Claim Under FLSA, ERISA; May Re-Plead FLSA Claim

  • The Legal Intelligencer

    Independent Contractor or Employee: Court Tackles Issue Once Again

    By Christian Petrucci | August 3, 2017

    As outlined in this space back in June, the nature of an ­employment relationship is a question of law that is to be determined on a ­case-by-case basis. The Commonwealth Court case of Hawbaker v. Workers' Compensation Appeal Board, (Kriner's Quality Roofing Services and UEGF), 224 C.D. 2016, ­provided a springboard for discussing under what circumstances an injured worker can be considered an employee versus an independent contractor. Hawbaker also ­offered a comparison between the ­"traditional" factors in determining whether an ­employer-employee relationship exists and the ­specific statutory requirements of the 2010 Construction Workplace Misclassification Act (CWMA), which sought to codify criteria for ­classification of independent contractors in construction settings.

  • New Jersey Law Journal

    Jones v. Morey's Pier, Inc.

    By njlawjournal | New Jersey Law Journal | August 3, 2017

    Defendant's Cross-Claim or Third-Party Claim against Public Entity Barred for Untimely Notice of Claim, Though Evidence of Its Negligence Still Admissible

  • Texas Lawyer

    How to Determine When Litigation Costs Include Attorney Fees

    By Trey Cox and Jason Dennis | August 1, 2017

    Under the American Rule, a party may only recover attorney fees on certain narrow claims. When a party has some claims that support the award of attorney fees and some claims that do not, then the party must segregate the recoverable attorney fees from the nonrecoverable attorney fees.

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