Following on the increase in wage class actions, this week brings us a hefty settlement for shoe retailer, Payless Shoesource Inc. Last March, former Payless store managers filed suit in Connecticut federal court, accusing the company of misclassifying them as exempt and failing to pay them overtime. The original case was then combined with a
Wage and Hour
Court of Appeals Rules that Even Rigorous Timekeeping and Reporting Policies Cannot Overcome Imputed Knowledge of Overtime
On January 15, The Eleventh Circuit rejected an oft-used defense in employment cases – that an employee’s violation of company policy should relieve the employer from liability under the equitable defense of “unclean hands” or “in pari delicto” (Latin for “in equal fault”).
In Bailey v. TitleMax of Georgia, plaintiff Santonias Bailey…
Snow Day…No Pay?? Paying Employees for Weather-Related Office Closures
Winter storms have hit various parts of the country over the past two weeks, and spring temperatures are still months away. In the face of inclement weather, employers frequently have questions about whether they must pay their employees in the event of office closures due to snow.
For non-exempt employees—whether hourly or salaried—the answer is…
Another One Bites the Dust: Burberry Latest Fashion House Hit with Intern Class Action
Anyone who follows the employment litigation docket knows that lawsuits by unpaid (and often, subsequently unemployed) interns have turned into the claim-du-jour in many parts of the country. Following the recent onset of wage class actions brought by former interns against fashion and media industry powerhouses, last week Burberry became the latest luxury retailer victim. …
Barbara Hoey and Mark Konkel Speaking at Kelley Drye IN FASHION Event

Blog co-editors Barbara Hoey and Mark Konkel will be speaking at IN FASHION, Kelley Drye’s Fashion & Retail Law Summit, on January 22nd. The event, taking place at the Affinia Manhattan, will feature discussion on the latest legal and regulatory issues facing executives…