While welcome news to most employers, those in California are unlikely to be impacted by the U.S. Supreme Court’s recent ruling in E.M.D. Sales, Inc. v. Carrera, 220 L. Ed.
Continue Reading E.M.D. Sales: A Reminder That California Stands Out from the Crowd
The U. S. Supreme Court unanimously decided in E.M.D. Sales, Inc. v. Carrera that the standard of “preponderance of the evidence” is to be used in cases where an employer
Continue Reading Supreme Court Holds FLSA Exemptions Do Not Require Heightened Evidence Standards
2024 has seen increased class and collective actions brought by New York golf club caddies under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).
Continue Reading Fore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective Actions
The U.S. Supreme Court’s October Term 2024 begins Oct. 7, and at least two cases on the Court’s docket present potentially important implications for employers nationwide. This GT Alert provides
Continue Reading SCOTUS Cases for Employers to Watch in the October Term 2024
A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court
Continue Reading Are Highly Paid Daily Rate Workers Entitled to Overtime Under FLSA? Supreme Court Resolves Issue
On Oct. 11, the United States Department of Labor (DOL) issued a proposed rule that would change the definition of “independent contractor” for companies, a modification that could impact worker
Continue Reading Department of Labor Proposes to Reinstate Economic Realities Test for Independent Contractors Under FLSA
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
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
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
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