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ConAgra not required to pay employees for donning and doffing time

August 13th, 2018

By Kathleen Kapusta, J.D.
ConAgra is not required to compensate employees for the time spent donning and doffing their protective equipment under either the FLSA or the Arkansas Minimum Wage Act (AWMA), the Eighth Circuit ruled, affirming the grant of summary judgment in favor of the packaged foods company. Nor is it required to compensate employees [Read more...]

Challenge to Seattle ordinance establishing collective bargaining for Uber/Lyft drivers properly dismissed as unripe

August 13th, 2018

By Ronald Miller, J.D.
A lawsuit challenging a Seattle ordinance that established a collective bargaining process covering for-hire drivers who contract with rideshare companies such as Uber and Lyft was properly dismissed as unripe, ruled the Ninth Circuit. The drivers had not satisfied any of the requirements for establishing an injury in fact, the appeals court [Read more...]

Future attorneys’ fees recoverable by statute or contract must be included to assess CAFA amount in controversy

August 10th, 2018

By Kathleen Kapusta, J.D.
When assessing whether CAFA’s amount-in-controversy requirement is met, a court must include future attorneys’ fees recoverable by statute or contract, the Ninth Circuit ruled. Applying that rule here, the appeals court vacated the lower court’s order remanding an employee’s wage-and-hour class action complaint to state court. Because the employee demanded attorneys’ fees [Read more...]

Trial court erred in tossing state-law wage claims on eve of federal trial based on assumed forum shopping

August 10th, 2018

By Marjorie Johnson, J.D.
A federal district court erred in refusing sua sponte to exercise supplemental jurisdiction over laundromat workers’ state-law claims on the eve of trial without affording the parties notice or an opportunity to be heard. Vacating and remanding, the Second Circuit ruled that under the circumstances, which included intervening Second Circuit law, the [Read more...]

Missouri voters defeat right-to-work law

August 10th, 2018

By Pamela Wolf, J.D.
Missouri voters have nixed the state’s right-to-work law in a ballot referendum on August 7, 2018. Of the 1,389,316 Missourians who cast their ballot on the question of whether Senate Bill 19 should stay on the books, only 452,075 voted that it should be upheld, while 937,241 voted to repeal it.
The legislation, [Read more...]