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
Restaurants and other businesses employing tipped workers, many of whom may have been taking a wait-and-see approach in light of Restaurant Law Center v. U.S. Department of Labor, must
Continue Reading Next Steps For Hospitality Cos. After DOL Tip Credit Rule Win
In April 2021, President Biden issued Executive Order 14026, Increasing the Minimum Wage for Federal Contractors, directing an increase in the hourly minimum wage paid by contractors to workers under
Continue Reading Interim Rule Issued Amending Federal Acquisition Regulations (FAR) to Implement EO 14026, Increasing the Minimum Wage for Federal Contractors
To survive a motion to dismiss after Hughes v. Northwestern University, plaintiffs will have to allege facts showing the plan fiduciaries have not followed a prudent process in making
Continue Reading Charting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’
On Thursday, March 10 at 12 p.m. EST, join us for a webinar discussion of the future of tips credits after the Dual Jobs Final Rule. On Feb. 22, 2022,
Continue Reading Join Us TODAY, March 10: Webinar | The Future of Tip Credits after the Dual Jobs Final Rule: What Now? Critical Operator Questions Answered
On Feb. 22, 2022, the U.S. District Court for the Western District of Texas denied the Restaurant Law Center and Texas Restaurant Association’s much-watched emergency motion seeking to enjoin nationwide
Continue Reading Federal Court Denies Restaurant Industry’s Request to Temporarily Enjoin New Tip Credit Regulations: Next Steps for Restaurant and Hospitality Industry Employers
In Waters v. Day & Zimmerman NPS, Inc., the First Circuit has seemingly muddied the waters on Bristol-Myers Squibb’s applicability to FLSA collective actions.
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Continue Reading First Circuit Court of Appeals Rejects Bristol-Myers Squibb’s Applicability to FLSA Collective Actions; Creates Circuit Split
On Nov. 16, 2021, the federal Occupational Safety and Health Administration (OSHA) announced it is suspending all implementation and enforcement efforts related to the Emergency Temporary Standard (ETS) on mandatory
Continue Reading OSHA Suspends Implementation and Enforcement of Vaccine Mandate Pending Litigation
On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance and updated the same on Oct. 28, to assist employers who receive requests for religious accommodations from job
Continue Reading EEOC Issues Guidance on Title VII and Religious Objections
Presuming that OSHA’s COVID-19 ETS stands, employers will need to adhere to further requirements by Jan. 4, 2022. Until then, employers should prepare for compliance with the Dec. 5 requirements.
Continue Reading OSHA COVID-19 Emergency Temporary Standard Takes Effect Dec. 5: Are Employers Ready?