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
Federal Law
Staunch Competition – Trade Secrets and Restrictive Covenants
On the other side of the pandemic, after record numbers of employee resignations, protecting trade secrets is both challenging and being challenged. This article discusses protecting trade secrets and confidential…
Continue Reading Staunch Competition – Trade Secrets and Restrictive Covenants
Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
In Morgan v. Sundance, Inc., the U.S. Supreme Court resolved a circuit split regarding whether a party has waived its right to arbitrate. Under the test reviewed by the…
Continue Reading Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
Class Action Fairness Act Advanced Removal Strategies
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
Next Steps For Hospitality Cos. After DOL Tip Credit Rule Win
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
Interim Rule Issued Amending Federal Acquisition Regulations (FAR) to Implement EO 14026, Increasing the Minimum Wage for Federal Contractors
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
Charting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’
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’
Join Us TODAY, March 10: Webinar | The Future of Tip Credits after the Dual Jobs Final Rule: What Now? Critical Operator Questions Answered
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
Federal Court Denies Restaurant Industry’s Request to Temporarily Enjoin New Tip Credit Regulations: Next Steps for Restaurant and Hospitality Industry Employers
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
First Circuit Court of Appeals Rejects Bristol-Myers Squibb’s Applicability to FLSA Collective Actions; Creates Circuit Split
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.
Click here to read the …
Continue Reading First Circuit Court of Appeals Rejects Bristol-Myers Squibb’s Applicability to FLSA Collective Actions; Creates Circuit Split