Andrew A. Smith
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The Ninth Circuit went a long way towards answering that question in an en banc decision last week. The key takeaway is that a district court certifying a class for settlement purposes does not have to conduct the same “rigorous analysis” of manageability considerations required when certifying a class for litigation. The decision has major … Continue Reading
Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”). Under PAID, employers can come forward voluntarily to disclose wage and hour violations to the DOL, the DOL will supervise a settlement of any monetary claims … Continue Reading
The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s preliminary injunction on the same topic. The 2016 overtime rule would have required employers to pay most executive, administrative, … Continue Reading
The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI). The overtime rule would have required employers to pay most executive, administrative, and professional employees at least $913 per week in order to exempt them … Continue Reading
How Do Individualized Issues Impact a Class Action Settlement?
By Andrew A. Smith and Steven Hurd on Posted in Class/Collective Action
DOL’s “New” PAID Self-Reporting Program of Questionable Value to Employers
By Andrew A. Smith and Allan Bloom on Posted in Wage and Hour
DOL to Appeal Ruling That 2016 Overtime Rule Exceeded Its Authority
By Andrew A. Smith and Allan Bloom on Posted in Wage and Hour
DOL to Seek Public Comment on Overtime Rule
By Andrew A. Smith and Allan Bloom on Posted in Wage and Hour