A former Dallas Cowboys cheerleader is suing the football franchise under the FLSA and Equal Pay Act, alleging overtime wage violations and unequal pay compared to the team’s mascot despite substantially similar job duties.
The Supreme Court of California heard oral argument in Troester v. Starbucks Corporation, addressing whether employers must compensate employees for de minimis periods of time before and after their shifts.
FCRA class action litigation has blown up in the last six years, spurred by large awards for uber-technical violations of the statute. Although recent case law establishes defenses to suits where no actual injury has occurred, FCRA litigation will likely continue in spades and employers should take proactive steps to ensure compliance at every step of the process.
This decision is useful for employers defending class and collective actions alleging misclassification where employees potentially exercise varying amounts of authority and have differing job duties.
A recent decision by the U.S. Supreme Court establishes the role of “trial by formula” evidence in wage and hour class actions, but the Court declined to issue “broad and categorical” rules regarding the use of such evidence.