Jennifer Riley on Wage and Hour

Supreme Court Ruling Ramps Up Opportunities For Certain Workers To Challenge Arbitration Agreements Under Federal Law

Seyfarth Synopsis: As we previously reported, employers generally have found success when the United States Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest...more

6/14/2022 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Interstate Commerce , SCOTUS , Southwest Airlines , Wage and Hour

The U.S. Supreme Court Rejects Industry-Based Reading Of FAA’s Transportation Worker Exemption, Reduces Visibility For Workers...

Seyfarth Synopsis: As we previously reported, employers generally have found success when the U.S. Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest Airlines...more

6/9/2022 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Interstate Commerce , SCOTUS , Southwest Airlines , Wage and Hour

Six Workplace Class Action Trends That Employers Should Anticipate With A Biden White House

Seyfarth Synopsis: With the final election results in (or nearly in…), and the White House set to turn “blue” for the next four years, employers can expect the change to bring shifts to the workplace class action landscape. ...more

11/9/2020 / Class Action , Class Action Arbitration Waivers , Department of Labor (DOL) , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Misclassification , Wage and Hour

Managing Class Action Risks As The COVID-19 Pandemic Gives Way To Threated Tsunami Of Litigation

Seyfarth Synopsis: As businesses chart their paths through the difficulties of reopening their operations in the wake of the COVID-19 pandemic, another risk looms – the danger of being the target of a class action lawsuit. ...more

6/9/2020 / Americans with Disabilities Act (ADA) , Breach of Duty , Class Action , Coronavirus/COVID-19 , Employer Liability Issues , Health and Safety , Re-Opening Guidelines , Risk Management , Wage and Hour

Google: Demonstrating The Hazards Of Employment Discrimination From Every Angle

Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more

6/25/2019 / Affirmative Action , Bias , Civil Rights Act , Compensation & Benefits , Corporate Counsel , Employer Liability Issues , Google , Hiring & Firing , OFCCP , Pay Equity Laws , Reverse Discrimination , Sex Discrimination , Title VII , Wage and Hour

Court Grounds O’Hare Janitors’ Collective Action For Off-the-Clock Work

Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without...more

6/1/2017 / Airports , Collective Actions , Corporate Counsel , Employment Litigation , Janitorial Services , Off-The-Clock , Opt-In , Wage and Hour

Vacation Policies Are Not All-Inclusive; Seventh Circuit Denies Bid to Certify Class And Affirms Summary Judgment on Part-Time...

Seyfarth Synopsis: In McCaster v. Darden Restaurants, the Seventh Circuit affirmed the District Court’s order denying class certification of claims for denial of earned vacation benefits at separation and granting summary...more

1/10/2017 / Appeals , Class Certification , Corporate Counsel , Eligibility , Employee Benefits , Forfeiture , Full-Time Employees , Part-Time Employees , Summary Judgment , Vacation Pay , Vesting , Wage and Hour

Seventh Circuit Serves Up Employer-Friendly Recipe For Compensating Tipped Employees

Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage. They do so anticipating that tipped employees will receive tips from customers that push employees’ income above...more

7/25/2016 / Corporate Counsel , Department of Labor (DOL) , Employee Handbooks , Fair Labor Standards Act (FLSA) , Minimum Wage , Posting Requirements , Restaurant Industry , Tip Credit , Tipped Employees , Wage and Hour

Sixth Circuit Gives Dukes Class Members A Re-Do, Allowing Them To Pursue Class Certification Of Sex Bias Claims Against Wal-Mart

Whereas Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), its saga continues as former class members continue to pursue class claims in regional forums. As we previously...more

7/15/2015 / Class Action , Class Certification , Corporate Counsel , Dukes v Wal-Mart , FRCP 23(b)(2) , Gender-Based Pay Discrimination , Punitive Damages , Statute of Limitations , Wage and Hour , Wal-Mart

Jennifer Riley

Seyfarth Shaw LLP

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