The Sixth Circuit will soon tell us whether it will follow the Fifth Circuit’s lead in Swales v. KLLM Transport Services LLC and adopt a more exacting, one-stage certification approach for Fair Labor Standards Act collective...more
On September 11, 2020, the Department of Labor (DOL) issued revisions to its April 1, 2020, temporary rule implementing the Families First Coronavirus Response Act (FFCRA). The DOL’s revisions go into effect Wednesday,...more
Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more
In addition to providing for free coronavirus testing, enhanced unemployment compensation insurance relief, and additional funding for government nutritional programs and Medicaid, the Families First Coronavirus Response Act...more
The Fifth Circuit recently became the first federal court of appeals to hold that employees who signed arbitration agreements should not receive notice of collective actions. This case of first impression among the courts of...more
After winning the World Cup on Sunday with a thrilling 2-0 victory over the Netherlands, the U.S. women’s national soccer team laid claim to being the best women’s soccer team in history. They celebrated their victory at the...more
7/9/2019
/ Class Action ,
Disparate Treatment ,
EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Legislative Agendas ,
Sex Discrimination ,
Soccer ,
Trump Administration ,
Wage and Hour ,
Women in Sports ,
World Cup
On March 4, 2019, District of Columbia District Court Judge Tanya Chutkan ruled that the government did not properly stay the implementation of the Equal Employment Opportunity Commission's (EEOC's) revised Employer...more
3/11/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
In Edwards v. DoorDash, Inc., No. 17-20082 (5th Cir. Apr. 25, 2018), the Fifth Circuit Court of Appeals reaffirmed its position that arbitrability of claims, including whether class or collective claims must be arbitrated...more
5/9/2018
/ Appeals ,
Arbitration ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Misclassification ,
Wage and Hour
A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime...more
On Tuesday, April 4, 2017, an en banc 7th Circuit became the first federal appellate court to find that prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”) includes discrimination on...more
Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime rule, which was to take effect December 1, 2016. The rule, addressing the so-called white collar...more
Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more
11/11/2016
/ Affordable Care Act ,
Civil Rights Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Form I-9 ,
Franchises ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Immigrants ,
Joint Employers ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Presidential Elections ,
Presidential Nominations ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Trump Administration ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Safety
The U.S. Department of Labor has unveiled the long-anticipated final version of its “white collar” overtime exemption rule, which becomes effective December 1, 2016. The final rule raises the minimum salary threshold...more
On February 1, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed revisions to the Employer Information Report (EEO-1) for private employers or government contractors with 100 or more employees. See 81...more
A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more
9/15/2015
/ Civil Rights Act ,
Class Action ,
Class Certification ,
Collective Actions ,
Disparate Impact ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FRCP 23 ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Motion to Dismiss ,
Pay Discrimination ,
Sexual Harassment ,
Title VII ,
Wage and Hour
On June 30, the Department of Labor’s Wage Hour Division (WHD) issued its long-anticipated proposed rule and request for comments concerning recommended changes to the Fair Labor Standards Act (FLSA) white collar exemptions...more
A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion...more
On January 6, Florida became the 36th state to recognize same-sex marriage. This development came as the result of several recent state and federal court decisions finding Florida's ban on same-sex marriage an...more