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Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial...

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more

Littler Lightbulb: Wage and Hour Developments During the First 100 Days of the Biden Administration

Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration....more

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more...more

DOL Revises FFCRA Regulations to Clarify Paid Leave Rules in Wake of New York Federal Court’s Decision

On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory...more

NY Federal Court Strikes Down Key Provisions of DOL Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave

On August 3, 2020, in response to a legal challenge by the state of New York, a New York federal district judge struck down portions of a U.S. Department of Labor (DOL) final rule providing guidance on interpretations of the...more

Fifth Circuit Holds District Courts in FLSA Actions May Not Send Notice to Employees with Valid Arbitration Agreements that...

In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019, a three-judge panel on the Fifth Circuit Court of Appeals unanimously held that “district courts may...more

California District Court Re-Certifies Chinese Daily News Wage and Hour Class Action After Second Trip To Ninth Circuit

On April 15, 2014, in Wang v. Chinese Daily News, Inc., a California federal district court re-certified a Rule 23(b)(3) California state law wage and hour action involving a class of 200 non-exempt employees who alleged...more

Supreme Court Finds Middle Ground on Definition of “Clothes” Under the FLSA

On Monday, January 27, 2014, in unanimously affirming the Seventh Circuit’s judgment in favor of U.S. Steel Corporation in Sandifer v. United States Steel Corp., the Supreme Court forged a middle ground on the meaning of the...more

Supreme Court Hears Oral Argument and Appears to Seek Middle Ground on Definition of "Clothes" Under the FLSA

On Monday, November 4, the Supreme Court heard oral arguments in Sandifer v. United States Steel Corp. on the issue of the meaning of the term "clothes" in section 3(o) of the Fair Labor Standards Act (FLSA). Under the FLSA,...more

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