News & Analysis as of

Wage and Hour Employment Litigation Job Descriptions

Bradley Arant Boult Cummings LLP

7th Circuit “Opts In” to the Evolving Collective Action Debate

Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more

Seyfarth Shaw LLP

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Seyfarth Shaw LLP on

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

Fisher Phillips on

What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

Fisher Phillips

6 Questions To Ask To Avoid COVID-19 Wage And Hour Lawsuits

Fisher Phillips on

With well over 175 COVID-19-related employment lawsuits already having been filed nationwide, employers need to keep abreast of ongoing issues that impact the physical and remote workplace. One area where employers need to be...more

Polsinelli

Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function

Polsinelli on

Recently, the United States Eighth Circuit Court of Appeals reaffirmed that regular and reliable attendance is an essential function of most jobs under the Americans with Disabilities Act (“ADA”). Lipp v. Cargill Meat...more

Cozen O'Connor

Job Description Mistakes You Don’t Want to Make

Cozen O'Connor on

A good job description can equip an employer with the best possible workforce available. Inaccuracies and oversights, however, can entangle your company in litigation for years. Bethany Salvatore and Bryant Andrews talk us...more

K&L Gates LLP

Working Wise: Proactive Strategies for Pay Equity Issues

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In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more

Seyfarth Shaw LLP

Don’t Judge A Conditional Certification Motion By Its Cover

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A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more

Ruder Ware

Recent Decisions Support Requirements for Working Extra Hours

Ruder Ware on

Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate...more

FordHarrison

First Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with...

FordHarrison on

Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s decision in favor of the employer in a lawsuit alleging violations of the...more

Seyfarth Shaw LLP

Don’t Judge a Conditional Certification Motion by Its Cover

Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more

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