In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor
Latest from Employment Class Actions: A General Counsel Briefing - Page 3
EEOC and DOL/WHD Sign Formal Cooperation Agreement
The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies through information sharing, joint investigations, training and outreach.
The WHD’s
The EEOC’s Proposed Rule to Implement the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023 and enhances the accommodation protections provided by the Americans with Disabilities Act (ADA). For more information on how the PWFA differs from the ADA, see my prior article
The EEOC Obtains a Settlement in its Artificial Intelligence Class Action
We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence technology. The case has now been settled by the parties
The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing
On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of enforceable arbitration agreements on
SCOTUS Makes it Harder for Employers to Establish an Undue Burden Defense in Religious Accommodation Cases
In the flurry of controversial U.S. Supreme Court rulings issued at the end of this term, one unanimous opinion flew under the radar which impacts how employers must accommodate religious practices and expressions of their employees. The Court’s June 29,
Collective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly Situated
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
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
Five Types of Class Action Risks Following a Layoff
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
How the Pregnant Workers Fairness Act Enhances Protections for Pregnant Workers and What Employers Need to Know to Comply with the New Law.
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