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Labor Regulations › Summary Judgment

DarrowEverett LLP

Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases

DarrowEverett LLP on

The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more

Jackson Lewis P.C.

Detail Matters: Recent Court Decision Finds Insufficient Information Limits Employer Reliance on WARN Exceptions

Jackson Lewis P.C. on

A federal bankruptcy court held that an employer cannot rely on the “unforeseeable business circumstances” or “faltering company” exceptions to the federal Worker Adjustment Retraining Notification (WARN) Act’s 60-day advance...more

Ballard Spahr LLP

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

Ballard Spahr LLP on

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

Proskauer - California Employment Law

At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

Proskauer - California Employment Law on

A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

Nelson Mullins Riley & Scarborough LLP on

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

Burr & Forman

11th Circuit Court of Appeals Vacates Employer’s Tip Credit Summary Judgment Victory in Rafferty v. Denny’s

Burr & Forman on

The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Orrick - Equal Pay Pulse

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

Orrick - Equal Pay Pulse on

The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

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