Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact
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California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
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The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more
Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal...more
Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more
A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more
On July 2, 2024, a federal court in Alabama issued its decision in Julie Su v. Mar-Jac Poultry of Alabama LLC, No. 6:24-cv-00569 (N.D. Ala. July 2, 2024), denying the U.S. Department of Labor (DOL) a preliminary injunction...more
On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more
Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more
Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more
On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more
On August 31, 2023, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-3 (FAB) to provide guidance to field staff on the prohibition against the shipment of “hot goods,” found in...more
In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more
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
Executive Summary: The two-step conditional certification process in Fair Labor Standards Act (FLSA) collective action lawsuits, known as the Lusardi standard, has been the law of the land for over 30 years. The conditional...more
In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying...more
In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more
EEOC, DOJ Issue Guidance on AI in the Workplace. - On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential...more
On April 14, 2022, the SJC held that where employees’ sole claims for overtime wages rest on the employer’s liability under the FLSA, employees are limited to the remedies provided under the FLSA, and may not receive treble...more
In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status. In Jinks v. Credico (USA) LLC, four plaintiff employees...more
As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more
On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more
I have two teenage sons, so I’ve watched all that the Marvel Cinematic Universe has to offer. (“Sure, blame it on the kids, dork.” “Shut up, Internal Monologue—this doesn’t concern you.”) This spring, Marvel rolled out its...more
Under the Fair Labor Standards Act, employers found liable for failure to pay overtime or minimum wages can be assessed liquidated damages in an amount equal to the unpaid wages. Prior to the Trump administration, the U.S....more
In another policy change that is designed to benefit workers and penalize businesses that violate the law, the federal government announced that employers who violate the overtime or minimum wage provisions of the federal...more
The U.S. Department of Labor (DOL) has announced the immediate termination of its Payroll Audit Independent Determination (PAID) program. The PAID program began in March 2018 as a pilot program to allow employers an...more
Has the judicial preference for presuming the survivability of arbitration clauses governing workplace disputes reached canonical status? According to the U.S. District Court for the Eastern District of Arkansas, the answer...more