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Wage & Hour

  • Represented an electric utility company in defense of claims under California’s Private Attorneys General Act relating to claims of wage and hour violations by an aggrieved employee.
  • Litigated collective action under the FLSA challenging the professional exemption; managed to reduce size of class to one and successfully challenged plaintiff’s legal fee application.
  • Represent a global leader in speech and search technology services in a variety of employment matters in the U.S., including the defense wage and hour claims brought by a current employee.
  • Represented a provider of home care services in a wage and hour class action filed on behalf of a visiting homecare nurse and all similarly situated employees for failure to pay all overtime, expenses, and for rest periods and meal breaks. After providing plaintiff’s counsel with draft of motion to compel arbitration, the plaintiff Collins dismissed all class claims and refiled a complaint asserting Private Attorneys General Act only claims.
  • Successfully moved to dismiss statutory wage/hour claims and common law employment claims against defendant employer and individual owner, based on arbitration provision in employment agreement.
  • Successfully moved to dismiss and transfer statutory wage/hour claims and common law employment claims against defendant employer and individual owner, based on choice-of-law and choice-of-venue provisions in employment agreement, based on novel theory regarding application of provisions to create “special contract” under the Massachusetts Wage Act.
Case Study
Mintz defeated a purported Fair Labor Standard Act collective action and a New York Labor Law minimum wage and overtime class action for nonprofit home health attendant agency Project OHR. The FLSA decision set a SDNY precedent, and Project OHR settled with the two plaintiffs on favorable terms.