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This procedural maneuver, unique to Texas, permits corporations to split into two new companies, one that holds only mass-tort related liabilities (in J&J’s case all talc-related liabilities) and another that holds non-talc assets and liabilities."
FLSA claims for overtime compensation, whether based on a demand letter or a complaint, are easy cases to evaluate from their inception. The FLSA overtime provisions require employers to pay nonexempt employees one and one-half times their regular hourly rate of pay for all hours worked over forty in a seven-day workweek. Employers are required to maintain records of straight-time and overtime hours worked. When there are compliant records, whether someone has worked overtime within the relevant period (usually three years) cannot be legitimately disputed.
American-based law firms and corporations are heavily involved in this "new normal."
There are expensive traps associated with these opportunities to save. Employer liability per tipped employee arises if the common practice of tip pooling is abused. ... Especially in these interesting times, many employers of tipped employees cannot resist saving payroll dollars by giving managers, cooks, and other non-tipped employees part of the tip pool aggregate, which, after all, is in many cases substantial.
Six Upchurch Watson White & Max mediators, based from Miami to Jacksonville, have been named on the Super Lawyers Florida List, published today, June 24, 2022. All are repeat honorees, having been recognized anywhere from six to 14 times each.
As he launches his mediation practice with Upchurch Watson White & Max this summer, Mr. Jopling reflects on the values of resolution and finality and what they can mean for litigants and lawyers.
A new report indicates that biometric data class actions have surged recently, with more than 110 such cases filed as of March 2022. This comes in the wake of a landmark $650 million biometric data class action settlement involving users of Facebook, who allege that their biometric data, biological measurements or physical characteristics that can be used to identify individuals, were collected and used without their consent.
A new survey released recently reveals that defense spending on class actions in the United States has increased for the seventh straight year and has reached a record-breaking all-time high of over $3 billion in 2021. According to the Carlton Fields’ annual 2022 Class Action Survey, labor and employment claims related to Covid-19 have skyrocketed, especially wage and hour, discrimination, and workplace safety claims.
Food labeling class actions have seen a steady rise in 2021, with courts certifying classes, others settling, and many dismissed outright. In January of this year, Subway customers sued the sandwich giant alleging that its “tuna” actually contains no tuna, generating major headlines and strong denials from the defendant. Now in its third iteration, the plaintiffs’ amended complaint asserts that the “tuna” actually contains proteins from other animals, such as pork, chicken, and meat. Subway has strongly denied these claims, and the litigation is currently pending in the Northern District of California.