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!Wage and Hour
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 KnowDOL 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 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 AgreementThe California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing
On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S.
Continue Reading The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA StandingCollective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly Situated
The Sixth Circuit has adopted a new approach for determining whether notice to “potential plaintiffs” can be sent out in collective actions brought under the Fair Labor Standards Act (FLSA)…
Continue Reading Collective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly SituatedConditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit
Conditional 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 CircuitSupreme Court: Highly Compensated Employees Paid a Daily Rate Must Be Paid a Salary to Retain Exempt Status
The recent US Supreme Court decision in Helix Energy Solutions Group, Inc. v. Hewitt has significant implications for employers in industries that commonly pay employees using salaried day rates, such…
Continue Reading Supreme Court: Highly Compensated Employees Paid a Daily Rate Must Be Paid a Salary to Retain Exempt Status