News & Analysis as of

Class Action Compliance Employment Litigation

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Fox Rothschild LLP

Washington State Sees Surge in Wage-and-Hour Class Actions

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Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more

Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

Whiteford on

Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

ArentFox Schiff

MA Job Applications Should Provide Notice That You Will Not Use a Lie Detector Test as a Condition of Employment

ArentFox Schiff on

Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test....more

Holland & Knight LLP

Northern District of California Dismisses 401(k) Forfeiture Suit with Prejudice

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In Hutchins v. HP Inc., the U.S. District Court for the Northern District of California dismissed – with prejudice – the plaintiff's claims challenging the use of forfeited employer 401(k) contributions. This is the latest...more

Adams & Reese

What Do Businesses Need to Know About the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

Adams & Reese on

In August 2024, pilots employed by Alaska Airlines and members of the Air Force Reserves scored a major victory in a federal appeals court. In Synoracki v. Alaska Airlines, Inc., the U.S. Court of Appeals for the Ninth...more

Holland & Hart LLP

Supreme Court Clarifies Burden of Proof for Employers in FLSA Exemption Cases

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Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more

Davis Wright Tremaine LLP

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Troutman Pepper Locke

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

Troutman Pepper Locke on

As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more

BCLP

California Private Attorneys’ General Act (PAGA) Receives Significant Overhaul

BCLP on

California Governor Gavin Newsom signed legislation into law, which codifies significant reforms to the Private Attorneys’ General Act (PAGA). The emergency legislation, which is effective on the date of the Governor’s...more

BakerHostetler

PAGA Reforms Usher in a New Era of California Wage and Hour Litigation

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On July 1, following the California Legislature’s unanimous passage, Governor Newsom signed SB-92 and AB-2288, which drastically reform California’s Private Attorneys General Act (PAGA). Most of the reforms apply to civil...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Foley & Lardner LLP

Managing Employment Law Risk is a Wise (and Cost-Effective) Investment

Foley & Lardner LLP on

Late last year, I wrote about approaching compliance challenges by thinking as much about the “why” as about the “what” of the compliance requirement. The point I hoped to convey was that inquiring into the question of why a...more

Proskauer Rose LLP

Managing Legal and Reputational Risks When Right-Sizing Your Workforce

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Reductions in force can help lower your company’s operating expenses, but if not undertaken with empathy, they might have the opposite effect. The “Great Resignation” has left a general scarcity of employees in the labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

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