News & Analysis as of

Settlement Employee Rights

Parker Poe Adams & Bernstein LLP

EEOC Settlement Emphasizes Employees' Right to Discuss Salaries

Reports of the demise of the Equal Employment Opportunity Commission’s enforcement of traditional discrimination claims may have been exaggerated. Last week, the commission announced settlement of claims made against Sinclair...more

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

Seyfarth Shaw LLP on

The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

UnitedHealth settles for $69 million

When a $69 million settlement drops, it’s more than just a corporate write-off—it’s a signal flare in the murky world of fiduciary responsibility. UnitedHealth Group, one of the largest health care conglomerates in the...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

Seyfarth Shaw LLP on

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Orrick, Herrington & Sutcliffe LLP

No Waiver of Statutory Minimum Leave Through Court Settlement

On June 3, 2025, the Federal Labor Court (Bundesarbeitsgericht) ("BAG") ruled that employees are entitled to financial compensation for outstanding statutory minimum vacation days. Even if a court settlement includes an...more

Verrill

Compliance Check: Massachusetts Employers, Do Your Applications Contain Required Lie Detector Disclosures?

Verrill on

Last year, the U.S. District Court for the District of Massachusetts issued a decision in Baker v. CVS Health Corporation with an important reminder to employers regarding their required disclosure in employment applications...more

BakerHostetler

‘Go Forth and Settle’: NLRB Acting General Counsel Relaxes Standards for ULP Settlement Remedies

BakerHostetler on

On May 16, William B. Cowen, acting general counsel (GC) of the National Labor Relations Board (NLRB or the Board), issued Memorandum GC 25-06, which restored discretion to regional directors in settling with employers and...more

Cozen O'Connor

Q and A With A Former OSHA Assistant Area Director

Cozen O'Connor on

Today, OSHA Chronicle (“OC”) sits down with safety and health consultant John Bednarik (“JB”). OC: Hi John. To start, can you share your safety and health background with our readers? JB: Of course. Prior to starting my...more

Maynard Nexsen

Give Peace a Chance – A Reminder About EEOC Mediation

Maynard Nexsen on

In fiscal year 2024, the EEOC received 88,531 new charges and conducted 11,998 mediations, resulting in the resolution of 8,543 charges. These mediation success rates—reflecting a resolution of 9.6% of total charges filed and...more

Marshall Dennehey

Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

Marshall Dennehey on

Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

Groom Law Group, Chartered

One Court Permits Tobacco Premium Surcharge Claims to Proceed Beyond the Pleading Stage, While Dispositive Motions Remain Pending...

In fall 2024, plaintiffs filed a wave of putative class action lawsuits against employers challenging wellness programs that impose a health coverage premium surcharge on participants if they do use tobacco or do not complete...more

Epstein Becker & Green

No Ultimatums: New York State Lawmakers Contemplate New Mandatory Provisions for Severance Agreements

On March 4, 2025, the New York Senate passed Senate Bill S372 (the “No Severance Ultimatums Act” or “S372”)....more

Amundsen Davis LLC

Refusing to Quit: Class Actions on Tobacco Surcharges in Health Plans Continue

Amundsen Davis LLC on

Over the past year, numerous class actions have been filed against large employers claiming their health plan surcharge for tobacco use is not in compliance with HIPAA nondiscrimination rules. With yet another lawsuit filed...more

Frantz Ward LLP

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

Frantz Ward LLP on

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

Troutman Pepper Locke

New York AG James Reaches $16.75M Settlement With DoorDash for Allegedly Misleading Tip Practices

Troutman Pepper Locke on

The New York Attorney General’s (AG) Office announced a $16.75 million settlement with DoorDash, the prominent delivery platform. The settlement relates to claims that DoorDash misled both consumers and delivery workers...more

Sheppard Mullin Richter & Hampton LLP

Acting General Counsel of NLRB Issues First GC Memorandum, Rescinding Controversial Pro-Labor Memoranda

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB”) William B. Cowen issued his first General Counsel Memorandum (“GC Memo”) GC 25-05 rescinding nearly all of the Biden...more

Berkshire

EEOC Highlights Bias Protection, Announces $1.4 Million Settlement

Berkshire on

On February 19, 2025, Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas issued a statement re-affirming the agency’s commitment to protecting American workers from anti-American bias in employment. Upon...more

U.S. Equal Employment Opportunity Commission...

LeoPalace Resort to Pay Over $1.4 Million in EEOC National Origin Discrimination Lawsuit

GUAM – LeoPalace Guam Corporation, doing business as LeoPalace Resort, a major hotel and resort on the U.S. territory of Guam, will pay $1,412,500 and provide equitable relief to settle a national origin discrimination...more

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

OSH Law Primer, Part XI: Understanding and Contesting OSHA Citations: An Overview

This is the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Ius Laboris

Ireland’s Push for Transparency With New Restrictions on NDAs

Ius Laboris on

After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....more

Seyfarth Shaw LLP

A New Year, A New Warning: DOJ’s First 2025 Settlement Highlights IRCA’s Anti-Discrimination Compliance

Seyfarth Shaw LLP on

The Department of Justice (DOJ) recently announced a settlement with Brick & Bourbon, a Minnesota-based restaurant group, for violations of federal anti-discrimination laws in its employment eligibility verification...more

Venable LLP

FTC and New York Attorney General Settle with Handy for Deceptive Practices

Venable LLP on

This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more

Littler

Lessons from Recent IER Settlements

Littler on

Over the past few months, the Immigrant and Employee Rights Section (IER) of the Department of Justice has entered into several settlements from which employers can learn some valuable lessons so that these discriminatory...more

Mintz - Employment Viewpoints

2023 New York Employment Law Roundup

Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more

Bradley Arant Boult Cummings LLP

Fly High (and Out of the EEOC’s Eye) by Updating Your Policies on Pregnancy Accommodation and Lactation

Everyone has been preparing for the recently enacted Pregnant Workers Fairness Act and the PUMP Act. Earlier this month the EEOC gave us another reason to make sure our policies are up to snuff. Frontier Airlines and the EEOC...more

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