Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining
Continue Reading With Federal Funding in Flux, Some Employers May Need to Review Layoff ProceduresTrump Administration Signals How Employment Policies on DEI and Gender May be Scrutinized
In a flurry of Executive Orders, the new Trump Administration is signaling how it views employment policies, procedures, and programs related to diversity, equity, and inclusion (DEI) and gender ideology.
Continue Reading Trump Administration Signals How Employment Policies on DEI and Gender May be Scrutinized
Want to Trigger a Wage-and-Hour Class Action? Try Not Paying the Right Minimum Wage!
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!PAGA Reform: Everything You Need to Know
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
DOL Increases Salary Threshold for FLSA Exemption – What Comes Next?
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?
EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA
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
What Issues will EEOC be Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.
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.Smart Employees Use Their Vacation Time: Third Circuit Holds PTO Is Not Part Of Exempt Employees’ Salaries Under the FLSA
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
EEOC and DOL/WHD Sign Formal Cooperation Agreement
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
SCOTUS Makes it Harder for Employers to Establish an Undue Burden Defense in Religious Accommodation Cases
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 Cases