Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
1/21/2025
/ Appeals ,
Class Action ,
Clear and Convincing Evidence ,
EMD Sales Inc v Carrera ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Preponderance of the Evidence ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
White-Collar Exemptions
In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly...more
1/9/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Class Action ,
Dispute Resolution ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Settlement ,
State Labor Laws
Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more
4/26/2024
/ Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action....more