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DOL Ends “Double” Damages in Pre-Litigation FLSA Cases

What you need to know: DOL will no longer seek liquidated (double) damages in pre-litigation FLSA settlements, limiting recovery to unpaid wages. Liquidated damages still apply in court cases, so employers remain at...more

Finally Final — The DOL Issues Its Long-Expected Final Rule Raising the FLSA Overtime Exemption Salary Thresholds

As has been expected, and as we addressed at the end of 2023 in our previous blog post, on April 23, the U.S. Department of Labor (“DOL”) at long last issued its final rule raising the salary thresholds for overtime...more

There Is Such a Thing as Too Many Questions: Individualized Inquiries Doom Class Certification

A recent case from the Eastern District of California emphasizes the importance of employers having facially neutral and lawful wage-and-hour policies – as such policies can help in defeating class certification. In Tavares,...more

The Real Risks of Artificial Intelligence in the Workplace: EEOC Obtains First Settlement in AI Class Action

In May 2022, the EEOC filed an age discrimination lawsuit against a group of affiliated companies employing English-language tutors. According to the EEOC, for a brief period in the spring of 2020, those companies programmed...more

The Bar Is Low – But It Does Exist: A Reminder that Defeating (or Limiting) Conditional Certification Is Not Impossible

In a recent case from the District of Colorado, a federal judge made clear that (at least in the Tenth Circuit) the first step of conditional certification is not just a rubber stamp to move on to the next stage of litigation...more

11th Circuit Data Breach Decision Highlights Employer Obligations to Protect Employee Personal Identifiable Information From Third...

Earlier this month, the United States Court of Appeals for the Eleventh Circuit issued a decision restricting employers’ abilities to fight off putative class action claims regarding data breach and cyberattacks on employee...more

Sending an Employee on a Business Trip? You’ll Have to Pay More for That in Washington State

In deferring to the Washington Department of Labor and Industries’ (“Department”) interpretation of its own regulation, a Washington Court of Appeals ruled that employee’s’ out-of-town travel time—including travel time to and...more

Happy New Year and Happy Vaccination Day: Maintaining Workplace Safety During the Vaccine Roll-Out

Numerous employment lawyers and articles have addressed whether employers should mandate or strongly encourage employees to get vaccinated when the COVID-19 vaccination is available to them. Fewer have provided reminders to...more

With the CROWN Act, Kansas City Amends Definition of Race Discrimination to Include Hair Texture and Style

On October 1, 2020, the Kansas City, Missouri City Council unanimously voted to enact the “Creating a Respectful and Open World for Natural Hair” Act (“CROWN Act”).  The CROWN Act addresses discrimination based on natural...more

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