News & Analysis as of

Labor Law Violations Wage and Hour Federal Labor Laws

Troutman Pepper Locke

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC...

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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

Seyfarth Shaw LLP

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

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The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published May 2025

Immigration. There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more

Frantz Ward LLP

Ohio Federal Court Preliminarily Approves $20 Million Settlement for Kroger Wage and Hour Lawsuit

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On February 20, 2025, Judge Jeffrey P. Hopkins of the U.S. District Court for the Southern District of Ohio entered an order preliminarily approving a $20.8 million settlement in a collective and class action lawsuit by...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

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Littler

Federal Court Denies DOL a “Hot Goods” Injunction over Child Labor Allegations

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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

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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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

Seyfarth Shaw LLP

2023 FLSA Litigation Metrics & Trends

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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

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

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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

Carlton Fields

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

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In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more

Console and Associates, P.C.

Florida Is a Hotspot for Employment Discrimination Claims and Other Employment Lawsuits, According to Recent Report

Under both state and federal law, employers must pay their employees for the hours they work and are prohibited from discriminating against employees and job applicants. However, whether it is due to implicit bias, putting...more

Littler

DOL Issues Guidance on the Child Labor “Hot Goods” Prohibition

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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

Troutman Pepper Locke

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

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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

Littler

The Littler Annual Employer Survey Report - May 2023

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Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....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

Littler

COVID-19 Labor & Employment Litigation Tracker (UPDATED)

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Since March 12, there have been 1,914 lawsuits (including 152 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus....more

Seyfarth Shaw LLP

The ‘High’ Court Denies Review of Federal Overtime Case Involving Cannabis Employees

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As you might recall from our previous post, The 10th Circuit Grants Re-leaf to Workers Seeking Overtime Under the FLSA, the 10th Circuit held that cannabis employers are not immune from federal overtime laws even though the...more

Payne & Fears

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

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As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Proskauer - Law and the Workplace

5th Circuit: Arbitration Available for Employee’s Collective Action Claims

On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more

Seyfarth Shaw LLP

If Your Remedy For Workplace Coronavirus Concerns Affects Pay, Don’t Compound The Harm With A Wage Law Violation

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Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #2

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In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more

Bricker Graydon LLP

Wage and hour issues that frequently arise in the health care setting

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Given the unique characteristics of the health care space, wage and hour compliance can be particularly challenging for health care employers. Round-the-clock operations, staffing shortages and patient demands can create an...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

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