Employers have faced a tidal wave of Fair Labor Standards Act (FLSA) collective action litigation in the last 15 years, fueled in large part by courts that have made it
Continue Reading Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action
Prompted by telework arrangements that arose in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued a Bulletin addressing important
Continue Reading DOL Issues Guidance on Wage-and-Hour Obligations as Pandemic Increases Telework
The U.S. Equal Employment Opportunity Commission (EEOC) issued a bulletin this morning advising that Field Offices have temporarily stopped conducting in-person intake interviews due to the current health situation. Before
Continue Reading EEOC Coronavirus Disease 2019 Guidance to Employers
On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that
Continue Reading Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
The day before Equal Pay Day, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, ruled that employers defending claims under the Equal Pay Act cannot
Continue Reading Ninth Circuit: Employers May Not Consider Salary History in Deciding to Pay Men and Woman Differently
On April 2, 2018, in a 5-4 decision, the United States Supreme Court held that automobile service advisors are not entitled to overtime pay. Although the precise holding is of
Continue Reading Supreme Court Rejects Practice of Construing Fair Labor Standards Act Exemptions Narrowly
Employers with operations in Pennsylvania should beware that a recent Pennsylvania Superior Court opinion confirmed what federal courts in Pennsylvania previously predicted: Pennsylvania law entitles certain employees to more overtime
Continue Reading PA Superior Court: For Some Employees, PA Law Requires More Overtime Compensation
A Sixth Circuit opinion filed this week reaffirms what experienced Fair Labor Standards Act (FLSA) attorneys have known for some time: when it comes to employer arbitration programs, they are
Continue Reading Employers With Arbitration Programs Need To Read This – Sixth Circuit Refuses To Stop Collective Action Notice To Employees with Individual Arbitration Agreements
In a 6-3 opinion, the United States Supreme Court held yesterday that a defendant’s unaccepted Rule 68 offer of judgment for complete relief does not moot a case. See Campbell-Ewald
Continue Reading U.S. Supreme Court Holds that Unaccepted Offer to Settle Per Rule 68 Does Not Moot a Case
On Dec. 15, 2015, Philadelphia Mayor Michael Nutter amended the city’s current “ban the box” law to expand the number of employers it covers and increase restrictions on the use
Continue Reading Philadelphia Expands the Reach of Its ‘Ban the Box’ Ordinance