Some low hanging fruit for the plaintiffs’ bar is an employer who simply doesn’t pay the right wage rate. That happens more often than you think, especially in states like
Continue Reading Want to Trigger a Wage-and-Hour Class Action? Try Not Paying the Right Minimum Wage!
The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor
Continue Reading PAGA Reform: Everything You Need to Know
On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect
Continue Reading DOL Increases Salary Threshold for FLSA Exemption – What Comes Next?
In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s
Continue Reading EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA
EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for
Continue Reading What Issues will EEOC be Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part
Continue Reading Smart Employees Use Their Vacation Time: Third Circuit Holds PTO Is Not Part Of Exempt Employees’ Salaries Under the FLSA
The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies
Continue Reading EEOC and DOL/WHD Sign Formal Cooperation Agreement
In the flurry of controversial U.S. Supreme Court rulings issued at the end of this term, one unanimous opinion flew under the radar which impacts how employers must accommodate religious
Continue Reading SCOTUS Makes it Harder for Employers to Establish an Undue Burden Defense in Religious Accommodation CasesConditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit
The Western District of Texas recently denied a plaintiff’s motion to authorize notice to
Continue Reading Conditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit
Lately it seems like you can’t go a day without seeing news of another round of layoffs affecting workers and companies across the U.S. As companies seek to cut costs
Continue Reading Five Types of Class Action Risks Following a Layoff