Hunton Employment & Labor Perspectives

In a move that could significantly increase the cost and expense of defending a Fair Labor Standards Act (“FLSA”) collective action, a federal district court Judge has dispensed with the traditional method for joining putative class members in an FLSA collective action. The Judge is going to permit employees to join if they submit a notice.  Such a move could lead to more protracted litigation and will certainly be appealed. In Turner, et al. v. Chipotle Mexican Grill, Inc., No. 1:14-cv-02612, Senior U.S. District Judge John L. Kane of the U.S. District Court for the District of Colorado granted the plaintiffs’ motion for conditional certification and judicial notice to the class. The case involves plaintiffs’ wage and hour claims against Chipotle under the Fair Labor Standards Act and the state laws of Arizona, California, Colorado and New Jersey. That the plaintiffs’ motion was granted is not, in and of itself, notable. But what is remarkable is the procedure applied for those who would seek to join the suit.

Over the weekend, California Governor Jerry Brown vetoed a bill aimed at prohibiting mandatory employment arbitration agreements as a condition of employment.  The bill also would have made it unlawful for an employer to discriminate or retaliate against an employee who refused to sign an arbitration agreement.  The Governor’s veto marks a victory for the dozens of business associations (and California employers) that opposed the bill.

Robert Flowers and Alan Marcuis will present a webinar on “Compensation & Contracts” to the Independent Community Bankers of America on Wednesday, October 14, 2015.

Robert Flowers and Alan Marcuis will present a webinar on “Compensation & Contracts” to the Independent Community Bankers of America on Wednesday, October 14, 2015.

On Friday October 2, 2015, Governor Jerry Brown signed AB 1506 into law, amending California’s Private Attorneys General Act (“PAGA”) to provide an employer the right to cure certain technical violations of the California Wage Statement Law (Labor Code § 226) before the employer can be sued.  The law sets forth specific steps that must be taken before a technical violation can be cured.

Emily Burkhardt Vicente will present “Litigating Private Attorney General Act Claims in the Aftermath of Supreme Court Decisions” at the California State Bar’s Annual Meeting on Sunday, October 11, 2015.

Link to Sunday’s schedule here.

Hunton & Williams is pleased to announce the release of its newly designed and mobile-responsive Immigration and Nationality Law Blog, www.huntonimmigrationlawblog.com. “Our immigration law blog has been a valuable resource for US employers,” said Ian Band, who heads the firm’s immigration and nationality practice. “This new version of the immigration law blog offers our readers easier and instant access to information in real time, more interactive features and the opportunity for greater analysis and comment on developments in US immigration law.”

Hunton & Williams is pleased to announce the release of its newly designed and mobile-responsive Immigration and Nationality Law Blog, www.huntonimmigrationlawblog.com. “Our immigration law blog has been a valuable resource for US employers,” said Ian Band, who heads the firm’s immigration and nationality practice. “This new version of the immigration law blog offers our readers easier and instant access to information in real time, more interactive features and the opportunity for greater analysis and comment on developments in US immigration law.”

The Ninth Circuit ruled on Monday, September 28, that California Private Attorney General Act (“PAGA”) claims cannot be waived in employment arbitration agreements, following the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014).  With this 2-1 ruling, the Ninth Circuit majority found that the Iskanian rule barring PAGA waivers is not preempted by the Federal Arbitration Act (“FAA”).

New York’s fast food workers won a major victory last month when the state’s Wage Board voted to recommend a substantial increase in their minimum wage.

Continue Reading