Wage and Hour, Appeals, En Banc Review

Is a Uniform Standard for Evaluating FLSA Collective Action Notice Motions on the Horizon?

Littler on 9/4/2025

The Fair Labor Standards Act (FLSA) provides a framework for how employees are compensated under federal law. In addition to establishing minimum wage and overtime standards, among other things, the FLSA allows employees to...more

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/23/2023

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

Holland & Knight LLP on 6/3/2021

In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...more

Salaries Set Based on Past Pay History Can Violate Equal Pay Laws

Parker Poe Adams & Bernstein LLP on 3/9/2020

As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting...more

Equal Pay: In Ninth Circuit, Prior Salary Is No Defense

Hogan Lovells on 3/5/2020

The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

Payne & Fears on 3/3/2020

In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2020

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of...more

Web Exclusive: February 2019: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 3/18/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

The Past Really Is Dead: Ninth Circuit Shuts Door on Use of Past Salary as “Factor Other Than Sex” Under the Equal Pay Act

Bradley Arant Boult Cummings LLP on 4/24/2018

In setting a new employee’s pay, what do you consider? Past experience? Check. Education? Check. Salary at the last job? Not so fast. In a recent Ninth Circuit decision, the court framed the question as follows: Can an...more

Wage and Hour › Appeals › En Banc Review