Search

Search form

Eric R. MagnusBlog Posts

See all

  • Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails to Satisfy FLSA’s “Salary Basis” Test for Overtime Exemptions

    Upon further reflection, a panel of the U.S. Court of Appeals for the Fifth Circuit has determined that paying an employee a set amount for each day that he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the Fair Labor Standards Act (FLSA),...… Continue Reading
    April 26, 2020
  • Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement to Allow for Collective Claims

    Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal appeals court in New Orleans has ruled.  Sun Coast Resources Inc. v. Roy Conrad, No. 19-20058 (5th Cir. Apr. 16,...… Continue Reading
    April 22, 2020
  • Seventh Circuit Denies Full Court Review of Class Notice Question

    The U.S. Court of Appeals for the Seventh Circuit has denied en banc review of a ruling that created a new framework for when employees who have entered into arbitration agreements receive collective action notices. Earlier this year, in a case of first impression, the Seventh Circuit developed a required framework for a district court...… Continue Reading
    March 6, 2020
  • Seventh Circuit Issues New Standard on Class Notice to Employees who Signed Arbitration Agreements

    The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class members who have entered into arbitration agreements with their employer.  The Seventh Circuit held that notice of...… Continue Reading
    January 27, 2020
  • Class Action Trends Report – Fall 2019

    Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Proliferation of independent contractor claims Wage and hour The persistant and seismic impact of #MeToo Disparate impact The onslaught of privacy class actions Click here to...… Continue Reading
    December 12, 2019
  • Jackson Lewis Complex Class Action Summit – November 8th

    Join Jackson Lewis P.C.’s Class Actions and Complex Litigation attorneys on November 8th for a full day CLE program where we will discuss key strategies for defending and avoiding class actions. We will also review new trends and challenges facing employers. Click here for a full list of topic descriptions. Agenda: 8:30 — 9:00 a.m.     ...… Continue Reading
    October 11, 2019
  • Class Action Trends Report Summer 2019

    Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Data privacy: The newest class action threat California Consumer Privacy Act The GDPR is the model State consumer privacy and security laws likely to proliferate Click...… Continue Reading
    September 18, 2019
  • Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labor Board

    An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualized arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labor Relations Board...… Continue Reading
    August 20, 2019
  • U.S. House of Representatives Passes $15 Minimum Wage Bill

    After six months of primarily internal Democratic Party wrangling, on July 18, 2019 the House of Representatives passed the Raise the Wage Act, which, if it became law, would progressively increase the federal minimum wage to $15.00 per hour over a six-year period. The House passage of the Bill comes at a time when an...… Continue Reading
    July 18, 2019
  • The Next Wave? Serial Discrimination Filings from Prior Class Claims

    Notwithstanding the employers’ victory at the U.S. Supreme Court in Epic Systems Corp. v. Lewis, which made it clear that arbitration and class action waiver regimes do not violate the National Labor Relations Act, employers are now facing another obstacle: serial arbitration filings. These filings, in an attempt by some plaintiffs’ attorneys to overwhelm the...… Continue Reading
    June 26, 2019

Pages