Demystifying Wage and Hour Audits: One-on-One with Courtney McFate
New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Non-Disparagement Tips for Employers
Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
The Journey of Litigation
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Podcast - How Do You Define Success?
Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
Handling References and Referrals While Safeguarding Your Business
PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire
Your Guide to Dealing with Subpoenas Effectively
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Podcast - The Law as a Force for Change
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
The Changing Landscape of EEOC Enforcement and Disparate Impact
Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor...more
While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more
In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more
A federal court decision in Massachusetts denying a motion to dismiss a putative class action has spurred a potential wave of similar claims, all arising under the Massachusetts Lie Detector Statute. The statute requires...more
The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more
Employers in Washington are facing a flurry of class actions alleging violations of the state’s new pay transparency law. While it is too early to gauge the viability of the claims, employers doing business in Washington may...more
In Coinbase, Inc. v. Bielski, the Supreme Court of the United States resolved a circuit split over whether district courts must stay proceedings while an interlocutory appeal of a denial of a motion to compel arbitration is...more
On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary. Therefore, the employer did not compromise...more
On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan...more
Over the past decade, California employers have reasonably relied on consistent rulings from courts as well as state and federal administrative agencies upholding the validity of time rounding systems as long as they are...more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to...more
A federal judge in New York recently held that workers cannot assert claims for violations of New York’s Wage Theft Prevention Act (WTPA) in federal court – a ruling that further helps employers defend against these...more
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more
Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay...more
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
The US Court of Appeals for the Seventh Circuit on February 3 reinstated an airline pilot’s putative class action lawsuit alleging that United Airlines violated the Uniformed Services Employment and Reemployment Rights Act...more
Employers conducting internal pay equity audits now have a roadmap for ensuring that their pay equity audits remain confidential in the wake of pay equity litigation. Thanks to a recent federal court ruling from an Oregon...more
Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) - In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they...more
Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more
Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020) - Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act (“FCRA”) because his former employer had...more
The unprecedented health emergency and closely related economic crisis created by COVID-19 have triggered a wave of putative class action and individual lawsuits targeting a wide range of businesses. ...more
The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the...more