The Sixth Circuit has adopted a new approach for determining whether notice to “potential plaintiffs” can be sent out in collective actions brought under the Fair Labor Standards Act (FLSA), now requiring a “strong likelihood” of similarity between the named
Conditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit
The Western District of Texas recently denied a plaintiff’s motion to authorize notice to a purported collective of employees in a Fair Labor Standards
Lately it seems like you can’t go a day without seeing news of another round of layoffs affecting workers and companies across the U.S. As companies seek to cut costs, however, they should be wary of the legal risks that
The Pregnant Workers Fairness Act (PWFA) becomes effective on June 27, 2023, and enhances the accommodation protections provided by the Americans with Disabilities Act (ADA). Although the PWFA does not override protections already afforded to pregnant workers, it does create
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) Phoenix District Office held a webinar on Selected Emerging and Developing Issues. The presentation emphasized EEOC’s prioritization of new and developing legal concepts and difficult and complex subject matter. Current EEOC investigators
On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) published its first guidelines regarding the use of artificial intelligence in employment, titled The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to
On March 27, 2023, the United States Supreme Court granted certiorari in Laufer v. Acheson Hotels[1] to decide this very issue. Deborah Laufer, who has various physical impairments, is a serial litigant who has filed hundreds of ADA lawsuits
On March 23, 2023, the EEOC announced a conciliation agreement with DHI Group, Inc. (“DHI”)—a company that operates a job-search website (Dice.com) for technology professionals. The conciliation arose out of multiple national discrimination charges that had been filed against DHI
Website accessibility lawsuits brought under the American with Disabilities Act (ADA) are no longer novel or rare, and it looks like they are here to stay. Brought on behalf of blind or visually impaired individuals who allege they cannot sufficiently
On March 13, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual performance report for 2022. The EEOC is the federal agency charged with enforcing numerous federal employment laws, including Title VII of the Civil Rights Act, the