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Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

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The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Seyfarth Shaw LLP

The Facts Matter: Publix Defeats Certification of Off-The-Clock Assistant Manager Claims

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Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more

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

Three Wage and Hour Predictions for 2022: Pay Incentive Class Actions, Cryptocurrency Pay, and Multistate Class Actions

With the calendar having turned to 2022, it is time to look into the crystal ball and make a few predictions for the year ahead related to the wage and hour world. Class and Collective Actions Concerning Hiring and...more

Foley & Lardner LLP

The Protecting the Right to Organize (PRO) Act Gains Momentum

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U.S. House and Senate Democrats recently reintroduced the union-friendly Protecting the Right to Organize (PRO) Act of 2021. According to its sponsors, the PRO Act “restores fairness to the economy by strengthening the...more

Fisher Phillips

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

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The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

Baker Donelson

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

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On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

Patterson Belknap Webb & Tyler LLP

Unless the U.S. Supreme Court Rules Otherwise, Waivers of Collective Actions Are Not Enforceable in New York

On July 18, 2017, the First Department partially reversed the Commercial Division’s decision in Gold v. New York Life Insurance Company, No. 653923/12, 2017 BL 247192 (App. Div. 1st Dep’t July 18, 2017), a case that presented...more

Fisher Phillips

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

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As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Seyfarth Shaw LLP

Class Certification Trends For 2016

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Seyfarth Synopsis: This is the fifth installment of our blog series on key trends for workplace class action litigation in 2016. In terms of the sheer number of rulings, a significant trend saw wage & hour class action and...more

Orrick, Herrington & Sutcliffe LLP

The Gorsuch Nomination: The Return of the Business Friendly Court?

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Littler

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

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President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

PilieroMazza PLLC

Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers

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On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor...more

Ballard Spahr LLP

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

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Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Littler

NLRB Continues Attack on Class and Collective Action Waivers

Littler on

There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the legality of arbitration agreements that require employees to waive the right...more

BakerHostetler

The Board vs. the Courts: Will 2016 mark the final showdown for class action waivers in arbitration agreements?

BakerHostetler on

Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional litigation. They can also be an extremely effective mechanism for employers to...more

Seyfarth Shaw LLP

So What About Those “BlackBerry Claims” We’ve Been Worried About?

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BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the Northern District of...more

McNees Wallace & Nurick LLC

Double the Pain: DOL Now Assessing Liquidated Damages for Overtime Violations

For some time now, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has been taking a progressively more aggressive approach to wage and hour compliance, marked by increased staffing/resources and more frequent...more

Moore & Van Allen PLLC

In Drafting Company-Issued Device And BYOD Policies, Don’t Forget The Wage And Hour Issues.

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I’ve been holding my breath waiting for the decision by the U.S. District Court for the Northern District of Chicago in the Allen v. City of Chicago overtime collective action before giving you a blog post on this case. The...more

Cozen O'Connor

Yelp Reviewers Are Not “Employees”

Cozen O'Connor on

In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit. On August 13, 2015, a federal judge...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

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