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Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

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

2025 Compliance Guide for Employers in Mexico

Several Mexican employment-related laws will be implemented or amended in 2025, including the approval of the Chair Law (Ley Silla), the recognition of app-based couriers as employees and its derived obligations, the increase...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

Sheppard Mullin Richter & Hampton LLP

Intervening Authority: California Supreme Court Curbs the Authority of PAGA Litigants to Intervene in Overlapping PAGA Actions

On August 1, 2024, the California Supreme Court issued a decision in Turrieta v. Lyft that substantially narrows the authority of PAGA litigants to intervene in overlapping PAGA actions. The Supreme Court’s ruling confirms...more

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

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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

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Carlton Fields

Labor and employment class actions increase by 10%

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The 2024 Carlton Fields Class Action Survey has revealed that labor and employment class actions jumped approximately 10% in the last year. Nearly four out of five companies surveyed reported that they faced a labor and...more

Harris Beach Murtha PLLC

New York Employers Score Wins on Frequency-of-Pay Claims, Proposed Amendment

Two recent developments may signal the beginning of the end for the wave of “frequency-of-pay” litigation that has hit New York employers in recent years. In a victory for New York employers, the Appellate Division, Second...more

Polsinelli

There Is Such a Thing as Too Many Questions: Individualized Inquiries Doom Class Certification

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A recent case from the Eastern District of California emphasizes the importance of employers having facially neutral and lawful wage-and-hour policies – as such policies can help in defeating class certification. In Tavares,...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

CDF Labor Law LLP

A Win for Staffing Agencies in California

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A key issue that staffing agencies often face in litigation is whether the end of a temporary work assignment constitutes a “discharge” of the employee’s employment with the staffing agency. In a favorable ruling for staffing...more

Carlton Fields

Companies See Big Rise in Labor & Employment Class Actions and Defense Spending

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The 2023 Carlton Fields Class Action Survey has revealed a significant increase in the number of labor and employment class action lawsuits and the amount companies are spending to defend those lawsuits. That is sobering news...more

Littler

Supreme Court Hears Oral Argument on Title VII Religious Accommodation Standard

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On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices....more

Fisher Phillips

A First of Its Kind: Manhattan D.A.’s “Worker Protection Unit” Raises Many Questions for Employers

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Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more

Adler Pollock & Sheehan P.C.

SCOTUS to Take Another Look at Religious Accommodations

Employment litigators and Constitutional Law attorneys alike should pay close attention to the United States Supreme Court’s calendar, as the Court recently agreed to take up a case that has the potential to change the way...more

Constangy, Brooks, Smith & Prophete, LLP

New program may create incentive for undocumented workers to report labor and employment violations

Last week, the U.S. Department of Homeland Security announced “Process Enhancements for Supporting Labor Enforcement Investigations.” Employers beware. This new process increases the likelihood that undocumented workers will...more

CDF Labor Law LLP

Appellate Court Holds That Percentage Bonuses Can Be Calculated Using FLSA Method

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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

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

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more

Seyfarth Shaw LLP

California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements

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Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting...more

Fisher Phillips

California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers

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The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more

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

California High Court Rules Missed Meal Break Premiums Are ‘Wages’

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report...more

Littler

New York State Senate Poised to Pass Expansive Lien Law for Wage Claims

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The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged...more

Littler

Court Holds Plaintiffs Are Precluded from Asserting New York Wage Theft Prevention Act Claims in Federal Court

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In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more

Fisher Phillips

California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

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California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers...more

Littler

New York Amends Labor Law to Expand Employees’ Ability to Bring Wage Claims

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Governor Andrew Cuomo signed a bill (S858) that amends the New York Labor Law to make it easier for employees to bring claims against their employers for alleged unpaid and/or owed wages.  The legislation, titled the “No Wage...more

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