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Statutory Interpretation State Labor Laws Employment Litigation

Proskauer - California Employment Law

“Headless” PAGA Action May Proceed In Court

CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025) - Espiridion Sanchez filed this PAGA action against his former employer on behalf of himself and other allegedly “aggrieved employees.”...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

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While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Littler

Courts Clarify California Whistleblower Law

Littler on

Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

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The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Littler

Puerto Rico Supreme Court Clarifies Limits for Unjustified Dismissal Under the Workers' Compensation Act

Littler on

On June 26, 2025, the Puerto Rico Supreme Court (PRSC) issued an opinion in Méndez Ruiz v. Techno Plastics Industries, Inc., 216 D.P.R. ____, 2025 TSPR 68 (2025), determining whether the defendant had “just cause” under...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

Cranfill Sumner LLP

NC Court Clarifies That Prior Settlement Does Not Preclude New Workers’ Comp Claim for Subsequent Injury

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In Collins v. Wieland Copper Prods., LLC, _____ N.C. App. ______, 910 S.E.2d 373 (2024), the Court of Appeals held that a prior settlement agreement with an employee for a prior work injury did not bar the employee from...more

Goldberg Segalla

New York State Limits Damages in Pay Frequency Claims

Goldberg Segalla on

New York Labor Law (NYLL) Section 191 mandates that employers pay employees their wages within a certain frequency depending on the classification of employees. For employees that meet the definition of a “manual worker,” the...more

Mintz - Employment Viewpoints

New Amendments to the New York Labor Law Limit Certain Pay Frequency Claim Damages

New York State has resolved a recent judicial split regarding pay frequency violation remedies by amending the New York Labor Law (“NYLL”) to limit an employee’s ability to recover sizeable liquidated damages. New York...more

Weintraub Tobin

Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly

Weintraub Tobin on

California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

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The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Seyfarth Shaw LLP

Wage and Hour Around The Corner: To Defer or Not to Defer: That is the Question Facing Lower Fed Courts and States After SCOTUS...

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Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more

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

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

Marshall Dennehey on

Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Shook, Hardy & Bacon L.L.P.

Does a Day Matter Under the Massachusetts Wage Act? Contradictory Clauses Causes Court to Contend with Canons of Construction

Recently, in a case of first impression, Judge Angel Kelley of the United States District Court for the District of Massachusetts confronted a “seemingly simple” question on a motion to dismiss: does a difference of one day...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

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Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Fisher Phillips

Recent Meal Period Cases Require Employers To Review Their Current Practices

Fisher Phillips on

The year 2019 brought a number of adjustments in the legal landscape for California employers – and meal periods were no exception. California appellate courts buckled down on the interpretation of statutory language in two...more

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