News & Analysis as of

Wage and Hour Opt-Outs

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

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The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

K&L Gates LLP

Workplace Reform Rolls on… Again

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The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Fisher Phillips

Colorado Employers Face First FAMLI Quarterly Payment Deadline – What 5 Things Should You Do?

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Colorado employers are subject to new paid family and medical leave insurance obligations in 2023 – and your first quarterly premium payments are due on March 31. The Colorado Family and Medical Leave Insurance (FAMLI)...more

Jackson Lewis P.C.

Washington’s Long-Term Cares Fund on Hold

Jackson Lewis P.C. on

Washington Governor Jay Inslee has announced a pause in implementation of the Long-Term Services and Supports Act to give the state legislature time to refine the law. The Act, a first-of-its-kind law, provides Washington...more

Kilpatrick

Third Circuit forbids “one-way intervention” in cases combining FLSA opt-in collective claims with Rule 23 opt-out claims

Kilpatrick on

Takeaway: In theory, class litigation should be fair. Class members should not be permitted to see how a case will play out at trial before deciding whether to opt out of a damages class – a practice known as “one-way...more

Perkins Coie

Washington Employers Must Act Now to Stay Ahead of New Long-term Care Act

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In 2019, Washington passed the first law in the nation requiring employees to fund a state-operated long-term care insurance program. The program, codified at RCW 50B.04 and set to begin on January 1, 2025, will be funded by...more

Carlton Fields

Opt-Out Arbitration Program Binds Employees in Wage and Hour Class Action

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A recent decision by a Wisconsin district court illustrates the impact of an arbitration agreement on class actions. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and state wage and overtime laws...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

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Massachusetts enacted legislation this past summer (Acts 2018, c. 121, the “Act”) creating its first state-administered Paid Family and Medical Leave Program (the “Program”). Employers of all sizes are required to participate...more

Fox Rothschild LLP

Judge Allows Named Plaintiff Expansive Ability To Communicate With Potential Opt-Ins In FLSA Collective Action

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When a class action is filed, often times there are issues (for the plaintiff and their counsel) as to who should be in the class. Often, the named plaintiff will seek to reach out to other putative class members, but it is...more

Bowditch & Dewey

Paid Family and Medical Leave Comes to Massachusetts

Bowditch & Dewey on

Adding the Commonwealth to the small-but-expanding list of states providing employees with paid leave benefits, Massachusetts enacted legislation this past summer (Acts 2018, ch. 121, the “Act”) to create a new...more

Seyfarth Shaw LLP

Uber Epic: Arbitration Agreement Topples Class Claims

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Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more

Winstead PC

Post-Flores v. City of San Gabriel: What Other Benefits Should Employers Be Wary Of

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Flores v. City of San Gabriel altered the way employers consider opt-out payments to employees for not taking health insurance.1 The U.S. Court of Appeals for the Ninth Circuit determined that opt-out payments were required...more

Fisher Phillips

Web Exclusive - High Court’s Arbitration Ruling Provides Sigh Of Relief For Healthcare Employers

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A few months ago, the Supreme Court ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act and are, in fact, fully enforceable. The decision...more

Seyfarth Shaw LLP

4 Key Trends In Workplace Class Action Litigation For 2017: #4 U.S. Supreme Court

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Seyfarth Synopsis: The fourth and final key trend from our 14th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Chicago Issues Final Paid Sick Leave Rules While Surrounding Suburbs Continue to Opt Out of Cook County Sick Leave Coverage

The City of Chicago has issued final rules for its Paid Sick Leave Ordinance. The Chicago Paid Sick Leave Ordinance was passed on June 22, 2016 and will take effect on July 1, 2017. ...more

Jackson Lewis P.C.

The Saga Continues: Recent Opt-Outs and Other Developments Relating to the Cook County Earned Sick Leave Act, Illinois Employee...

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The Village of Rosemont and the City of Oak Forest have become the latest suburban Cook County municipalities to join the Village of Barrington in opting out of the Cook County Earned Sick Leave Ordinance. (They both passed...more

Seyfarth Shaw LLP

California Moves Toward Ban On Mandatory Arbitration of Labor Claims

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On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a...more

Seyfarth Shaw LLP

Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

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It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more

Seyfarth Shaw LLP

#OptIn #OptOut — Update

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Back in March we wrote about the group of former unpaid interns from Gawker Media’s Manhattan office suing to recover back pay under the federal Fair Labor Standards Act (FLSA), and their desire to use social media to...more

Carlton Fields

California District Court Invalidates Opt-Outs And Orders Employer To Issue A Curative Notice To Employees Regarding A Putative...

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The U.S. District Court for the Northern District of California, in a wage and hour class action, found that the employer’s written communication to putative class member employees about the action, which included an opt-out...more

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