News & Analysis as of

Labor Law Violations Statutory Interpretation

Seyfarth Shaw LLP

Minimum Wage Good Faith Defense and Labor Commissioner Appeal Scope

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The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more

Bennett Jones LLP

Declawing a Wildcat Strike: Alberta Court Upholds Suspension of Union Dues for Illegal Strike by AUPE

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In Alberta Union of Provincial Employees v Alberta Health Services, 2025 ABKB 465 (AUPE v AHS), the Alberta Court of King's Bench upheld the Alberta Labour Relations Board's (Board) decision to penalize the Alberta Union of...more

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

Walking the Line in Québec: Where Employer Freedom of Expression Ends and Union Interference Begins

A March 2025 Superior Court of Québec decision has sharpened the rules on what employers can and cannot say to unionized employees during collective bargaining. This article breaks down how the latest case law draws the line...more

Ervin Cohen & Jessup LLP

California Appellate Courts Split on “Headless” PAGA Standing: CRST Expedited Permits Broad Claims, While Leeper Awaits Review

A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

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While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

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The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

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The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

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A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Epstein Becker & Green

Texas Court Shoots Down FTC Noncompete Ban Nationwide

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Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more

Franczek P.C.

Chevron Overturned, Federal Agency Deference Over: Impact of Loper Bright on Regulations Affecting Employers and Educators

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On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned Chevron v. Natural Resources Defense Council, upending 40 years of judicial precedent holding that federal courts should defer to...more

Seyfarth Shaw LLP

PAGA Paraphrased – Stone v. Alameda Health System

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Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Jackson Lewis P.C.

The U.S. Supreme Court Overturned Chevron: What That Means for the NLRB

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The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

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

Epstein Becker & Green

Chevron Is Overturned, but Stakeholders Need Not Worry

The Supreme Court’s June 28 decision to overrule the 40-year-old case of Chevron U.S.A. v. Natural Resources Defense Council should not be cause for alarm. ...more

Akerman LLP - HR Defense

Thanks for Your Opinion, But We’ve Got This: SCOTUS Eliminates Long-Standing Deference to Federal Agency Statutory Interpretation

Based upon a recent ruling by the U.S. Supreme Court, federal regulatory agencies are no longer entitled to deference as to their interpretation of a statute that is ambiguous, and federal courts are now compelled to exercise...more

Stevens & Lee

How the Chevron Decision Limits NLRB Influence

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In Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court ended the Chevron Doctrine. While these cases did not directly involve the National Labor Relations Board (NLRB), they...more

Seyfarth Shaw LLP

New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are Prospective

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Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more

FordHarrison

U.S. Supreme Court Unanimously Holds a Court Has No Discretion to Dismiss a Lawsuit Once It Compels a Case to Arbitration

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Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more

Seyfarth Shaw LLP

U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

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On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for...more

FordHarrison

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

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On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or...more

Littler

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

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On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry....more

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