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Speakers:                

     

Founder, Blackstone Law

 

Senior Trial Attorney, Blackstone Law

 

Founder, Petrofsky Law Firm

     

 

A defense win on summary judgment! A class of employees represented by Blackstone Law APC alleged that when Hyatt Corp. laid them off at the start of the pandemic, Hyatt failed to pay overtime, failed to compensate for wages during the layoff, and failed to provide accurate wage statements. Hyatt moved for summary judgment, which U.S. District Judge Dale S. Fischer granted, stating that the employees were not totally severed, because Hyatt continued to pay the employer and employee health insurance premiums, plaintiffs remained eligible to redeem complimentary hotel room stays, and plaintiffs continued to accrue vacation time. The class countered in their own motion for summary judgment that Hyatt's layoff was considered a discharge and that the hotel room bonus was considered a wage to factor into overtime calculations. Judge Fischer concluded the hotel room program was more akin to a gift or reward rather than wages to calculate into overtime. Blackstone's Jonathan Genish, who represents the class of employees, stated to Law360 that the workers will appeal the decision. Hear from two of the attorneys who represented the Plaintiffs, Jonathan Genish and Matthew Dietz, and from Defense Attorney Melissa Petrofsky to learn about the arguments made in this rare win for employers.