News & Analysis as of

Employer Liability Issues Department of Labor (DOL) Class Action

Holland & Knight LLP

Department of Labor Weighs in on 401(k) Forfeiture Class Actions

Holland & Knight LLP on

Since September 2023, plaintiffs have filed numerous class action lawsuits alleging that the use of 401(k) forfeitures to offset future employer contributions violates the Employee Retirement Income Security Act of 1974...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

UB Greensfelder LLP

What Employers Should Know About Tobacco Surcharge Litigation

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Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Troutman Pepper Locke

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Troutman Pepper Locke on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Fox Rothschild LLP

Will These Working Time Call Center Cases Ever Stop? I Bet Not!

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It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that the booting up of their computers and...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Jackson Lewis P.C.

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

Jackson Lewis P.C. on

For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more

Perkins Coie

Florida Court Refuses to Dismiss COVID-19-Related WARN Case Based on Natural Disaster Exception

Perkins Coie on

A judge for the U.S. District Court for the Middle District of Florida, on March 17, 2022, denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Fisher Phillips

Top 10 Wage and Hour Trends for 2022 – and What Employers Should Do to Prepare

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We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...more

Seyfarth Shaw LLP

5 Top Trends In Workplace Class Action Litigation: Trend #3 Government Administrative And Enforcement Trends

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Seyfarth Synopsis: With the installation of a new administration in 2021, employers saw almost immediate shifts in administrative priorities. Over the past year, the Biden Administration rolled out changes on several fronts...more

Troutman Pepper Locke

Direct Selling and Door-to-Door Sales Under Attack: May 2021 IC News Update

Troutman Pepper Locke on

Direct sellers and door-to-door salespersons are frequently classified as independent contractors – and that classification is increasingly under attack, both by class action lawyers and the U.S. Department of Labor, as...more

Troutman Pepper Locke

Polar Opposites Among Independent Contractor Tests: September 2020 News Update

Troutman Pepper Locke on

Last month presented a clash between the enactment of a new version of the most restrictive state law test in the nation for independent contractor status and the issuance of a proposed federal regulation that would create...more

Steptoe & Johnson PLLC

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

Steptoe & Johnson PLLC on

On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

Carlton Fields

Forewarned Is Forearmed: Why Companies Need to Review Their COBRA Notices to Avoid Growing Class Action Trend

Carlton Fields on

Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more

Proskauer - California Employment Law

California Employment Law Notes - March 2020

Time Spent By Employees In Exit Searches Is Compensable - Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) - In this opinion, the California Supreme Court answered a question certified to it by the United...more

Parker Poe Adams & Bernstein LLP

Window Closing on FLSA Claims Based on 80/20 Rule

The U.S. Department of Labor is still working to finalize the withdrawal of the 80/20 rule, which had forced employers to pay the full minimum wage to employees who spend more than 20 percent of their time on non-tipped work....more

Dorsey & Whitney LLP

Don’t Get Bitten by Your COBRA Notices

Dorsey & Whitney LLP on

In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Seyfarth Shaw LLP

Seyfarth’s 2020 Workplace Class Action Litigation Report Is Now Available!

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Seyfarth Synopsis: Seyfarth’s 16th Annual Workplace Class Action Litigation Report analyzes 1,467 rulings and is our most comprehensive Report ever at 800 pages....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

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Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

Holland & Knight LLP

Food and Beverage Law Update: July 2019

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Wage and Hour - 80/20 Rule Still Followed in Some Parts - The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more

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