The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
The Class Action Fairness Act (CAFA) offers a broader avenue for removal of a case to federal court than traditional diversity jurisdiction. Counsel for plaintiffs and defendants alike have developed
Continue Reading Class Action Fairness Act Advanced Removal Strategies
In a case of first impression, on October 4, 2021, in Adams v. Palm Beach County, U.S. Magistrate Judge Bruce E. Reinhart of the Southern District of Florida dismissed
Continue Reading GT Helps Palm Beach County Secure Dismissal of Wage-and-Hour Class Action Brought by Volunteers
In a much-anticipated decision, the Illinois Appellate Court for the First District has ruled that two separate statutes of limitations apply to violations of the Illinois Biometric Information Privacy Act
Continue Reading Illinois Appellate Court (First District) Concludes Separate Limitations Periods Apply to Different Violations of the Illinois Biometric Information Privacy Act
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where
Continue Reading 2 US Circuit Courts Side with Employers, Limit Scope of FLSA Collective Actions Based on Failure to Establish Specific Personal Jurisdiction
On Feb. 25, 2021, the California Supreme Court issued its much-anticipated decision in Donohue v. AMN Services, LLC. The opinion answers two important questions: (1) whether “employers can[] engage
Continue Reading Donohue – Rethinking California Meal Period Claims
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
Following up on its proposed rule issued in September 2020, on Jan. 6, 2021, the Department of Labor (DOL) issued its final rule on worker classification. The final rule, effective
Continue Reading Department of Labor Issues Final Rule for Identifying Independent Contractors in an Employer’s Workforce
By now, most California employers have heard of AB 5, which, along with the California Supreme Court decision, Dynamex Operations W. Inc. v. Superior Court, 4 Cal. 5th 903
Continue Reading Move Over AB 5, There’s a New Kid on the Block