News & Analysis as of

Out-of-State Employees Wage and Hour

Epstein Becker & Green

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

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

Tucker Arensberg, P.C.

The Hazards of Multistate Employment and Remote Work

Tucker Arensberg, P.C. on

In the wake of COVID-19, many employers continue to offer remote work arrangements. Some employees are exclusively remote, while others have a hybrid arrangement consisting of both telework and in-person office time. ...more

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

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

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

Jackson Lewis P.C.

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide...more

Seyfarth Shaw LLP

Seventh Circuit Aligns with Majority on FLSA Nationwide Collective Actions: BMS Applies

Seyfarth Shaw LLP on

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

Fox Rothschild LLP

NJ Division on Civil Rights Issues Guidance on LAD’s Applicability to Remote Work

Fox Rothschild LLP on

The New Jersey Division on Civil Rights (DCR) issued guidance in May 2024 regarding the applicability of the New Jersey Law Against Discrimination (LAD) to remote employees working outside New Jersey for a New Jersey...more

Haynsworth Sinkler Boyd, P.A.

Wrapping up 2023 with our Top 4 Employment Law Questions of the year

We’ve rounded up the most popular employment law questions we’ve answered on our blog throughout 2023. The end of the year is a great time to review your workplace policies and proactively plan for the start of the new year....more

Haynsworth Sinkler Boyd, P.A.

Compliance Checklist for Employers with Out-of-State Remote Employees

During a recent employment law webinar, Haynsworth Sinkler Boyd’s Chris Gantt-Sorenson and Tyler Gilliam discussed considerations for employers who employ out-of-state remote workers. To help employers ensure that they are...more

Littler

U.S. Court of Appeals Offers Guidance on Applicability of Massachusetts Wage and Hour Laws to Out-of-State Workers

Littler on

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

Husch Blackwell LLP

Employers with Out-of-State Employees: Method for Assessing Differences in Wage & Hour Obligations

Husch Blackwell LLP on

In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing...more

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Jackson Lewis P.C.

Class Action Trends Report Winter 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Fox Rothschild LLP

Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!

Fox Rothschild LLP on

I read an interesting post in the Seyfarth Shaw blog about out-of-state employees and their ability to become part of a FLSA collective/class action. The FLSA allows individuals to bring suits claims for overtime violations...more

CDF Labor Law LLP

[Webinar] Top 10 Employment Issues for California Employers Dealing with Remote Workers - July 29th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

COVID-19 ushered in a new paradigm of remote working. Although some companies had already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling...more

Littler

Dear Littler: What are the Wage and Hour Issues with our Wandering Workers?

Littler on

Dear Littler:  We’re a small company based in Austin, Texas – but we’re growing.  We made it through the pandemic, and we’re all looking forward to getting back to work.  We recently announced that employees can return to the...more

Jackson Lewis P.C.

Out-of-State Employer Must Comply With Montana Wrongful Discharge Act, Montana Court Rules

Jackson Lewis P.C. on

Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more

ArentFox Schiff

Will Employees Come Back After COVID? Top Legal Considerations to Continue Remote Work

ArentFox Schiff on

In today's episode of the returning to work podcast series, Partner Brian Schneider and Associate Alexandra Romero discuss the following topics: * Managing and setting policies for remote working * Partial in-office policies...more

McDermott Will & Schulte

[Webinar] Return To Work Virtual Toolkit for Employers - Remote Work Considerations - March 18th, 12:00 pm - 1:15 pm EST

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

Jackson Lewis P.C.

Patchwork Of Pay Transparency Laws Continues To Evolve

Jackson Lewis P.C. on

State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender,...more

Fisher Phillips

Drawing Lines: Where Do Courts Stand On Permitting FLSA Collective Actions Involving Out-Of-State Plaintiffs?

Fisher Phillips on

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

Bond Schoeneck & King PLLC

Coronavirus in the Workplace

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

Fisher Phillips

Pennsylvania Federal Court Becomes Latest To Exclude Out-Of-State Plaintiffs From FLSA Collective Actions

Fisher Phillips on

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

Payne & Fears

Key California Employment Law Cases: June 2020

Payne & Fears on

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

Payne & Fears

California Supreme Court Addresses Critical Wage and Hour Issues for Employers Involved in Interstate Transportation and with...

Payne & Fears on

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

Fisher Phillips

New Jersey Wage Law Not Meant To Protect Out-Of-State Employees

Fisher Phillips on

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

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