Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
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This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more
On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law....more
The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more
On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more
Seyfarth Synopsis: The Seventh Circuit held that out-of-state plaintiffs must be dismissed from FLSA collective actions when the court lacks personal jurisdiction over them....more
As a result of the COVID-19 pandemic, many companies now employ persons who work remotely from all parts of the U.S. and beyond. Among other legal issues raised by remote workforces is whether those employees can sue their...more
The U.S. Court of Appeals for the First Circuit recently affirmed a district court finding that the Massachusetts Wage Act did not apply to a person who mostly lived and worked in Florida. While the court’s decision in...more
A New York federal court recently held that an employee working remotely from New Jersey solely due to the COVID-19 pandemic cannot assert claims under the New York State and New York City anti-discrimination laws. In...more
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more
The application of a key Supreme Court decision remains an important issue for multi-state employers defending federal collective action wage and hour claims – but are we any closer to getting clarity on what remains a...more
Federal courts across the country have been split on the issue of whether a court can exercise personal jurisdiction over out-of-state plaintiffs who want to opt-in into a Fair Labor Standards Act (FLSA) collective action....more
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more
In a pair of overlapping opinions issued today – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – the California Supreme Court addressed a wide variety of unsettled questions in California wage-and-hour law....more
A federal court recently held that New Jersey’s Wage Payment Law (NJWPL) does not extend to employees working outside the state, even if the employer is headquartered there. The April 3 decision in Ortiz v. Goya Foods, Inc....more
Seyfarth Synopsis: Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification because there was no personal jurisdiction over non-Massachusetts entities with respect to...more
2018 saw some major developments in employment law, particularly in California. The California Supreme Court embraced the ABC test for independent contractors in Dynamex, and rejected the de minimis doctrine for Labor Code...more