On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more
9/3/2024
/ Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Collective Actions ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fifth Amendment ,
Fourteenth Amendment ,
Jurisdiction ,
Opt-In ,
Out-of-State Employees ,
Personal Jurisdiction ,
Putative Class Actions ,
Split of Authority ,
Wage and Hour
In Gilstrap v. Sushinati LLC, the U.S. District Court for the Southern District of Ohio rejected the notion that the parties’ private agreement to settle claims under the Fair Labor Standards Act (FLSA) required court...more
In Walters v. Professional Labor Group, LLC, the U.S. Court of Appeals for the Seventh Circuit will decide whether employee travel time to and from remote jobsites that requires an overnight stay is compensable....more
On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more
3/8/2024
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
Home Rule States ,
Income Taxes ,
Municipalities ,
Non-Residents ,
OH Supreme Court ,
Payroll Taxes ,
Principal Place of Business ,
Remote Working ,
State Constitutions ,
Tax Refunds
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
1/12/2024
/ Class Action ,
Collective Actions ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Interlocutory Appeals ,
Opt-In ,
Opt-Outs ,
Putative Class Actions ,
Split of Authority ,
State Labor Laws ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the United States Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor...more
On April 14, 2023, the United States District Court for the Eastern District of Virginia (Ellis, J.) declined to conditionally certify a collective of USA Today sports website editors, ruling that the familiar two-step Fair...more
On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor...more
6/15/2022
/ Bristol-Myers Squibb ,
Collective Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Forum State ,
Fourteenth Amendment ,
Mass Tort Litigation ,
Multistate Employers ,
Non-Residents ,
Personal Jurisdiction ,
Petition for Writ of Certiorari ,
Split of Authority ,
State Law Claims ,
Wage and Hour
On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more
8/26/2021
/ Appeals ,
Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Collective Actions ,
Corporate Counsel ,
Due Process ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Forum State ,
Fourteenth Amendment ,
Jurisdiction ,
Opt-In ,
Personal Jurisdiction ,
Wage and Hour
On July 22, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking to outline the standards and procedures that it will use to administer President Joe Biden’s Executive Order 14026, which he...more
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more
11/11/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Fourteenth Amendment ,
Hate Speech ,
Offensive Language ,
Presidential Elections ,
Public Employees ,
Public Employers ,
Racial Bias ,
Reversal ,
Slurs ,
Social Networks
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more
8/31/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Online Platforms ,
Political Speech ,
Public Employees ,
Public Forum ,
Retaliation ,
Reversal ,
Summary Judgment
In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club...more
The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the manufacturing floor or at their...more
On April 29, 2020, the Equal Employment Opportunity Commission (EEOC) issued an opinion letter reiterating its position that proper use of Internal Revenue Service Form 8850 for the Federal Work Opportunity Tax Credit (WOTC)...more
In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the...more
In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more
1/20/2020
/ Appeals ,
Department of Homeland Security (DHS) ,
Depositions ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
FRCP 26(b)(1) ,
Gender Discrimination ,
Job Promotions ,
Motion for Summary Judgment ,
Proportionality ,
Public Employers ,
Remand ,
Reversal ,
Scope of Discovery Requests ,
Wage and Hour
In Popeck v. Rawlings Company, LLC, No. 19-5092 (October 16, 2019), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Rawlings Company on Popeck’s claims under the Americans with Disabilities...more
In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family...more