News & Analysis as of

Class Action Employer Mandates

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bradley Arant Boult Cummings LLP

11th Circuit Puts to Sleep Florida Anti-Woke Law Prohibiting Certain Workplace Training

You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2022

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Jackson Lewis P.C.

2022: The Year Ahead for Employers

Jackson Lewis P.C. on

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. ...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

DirectEmployers Association

OFCCP Week In Review: November 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fox Rothschild LLP

Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?

Fox Rothschild LLP on

The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing time, vaccination...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2017

Proskauer Rose LLP on

Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

Foley & Lardner LLP

ACA Suit Challenging Reduction in Hours Allowed to Proceed

Foley & Lardner LLP on

Many employers are still working to catch up to and understand the new requirements of the Affordable Care Act (ACA) – including the IRS, which has announced automatic extensions to certain reporting requirements for this...more

Laner Muchin, Ltd.

Employer Facing Potential Liability For Allegedly Reducing Worker Hours To Avoid Affordable Care Act Penalties

Laner Muchin, Ltd. on

The Affordable Care Act’s (ACA) employer shared responsibility mandate requires large employers to offer certain minimum health coverage to substantially all of their full-time employees, or potentially pay significant...more

Arnall Golden Gregory LLP

Attempting to Avoid the Affordable Care Act’s Mandate by Reducing Hours Provokes ERISA Class Action Challenge

Employers nationwide are closely watching a class action lawsuit out of federal court in New York in which current and former employees have brought ERISA claims against restaurant chain Dave & Buster’s (“D&B”). In Marin v....more

Cozen O'Connor

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

Cozen O'Connor on

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement...more

Franczek P.C.

Important Development in Dave & Buster’s Lawsuit Regarding Whether Cutting Employee Work Hours Violates ERISA

Franczek P.C. on

In a case of first impression that is being closely watched by plaintiffs’ attorneys and large employers alike, a federal judge recently ruled against a motion brought by Dave & Buster’s, the restaurant chain, to dismiss a...more

King & Spalding

Gaming the System? ERISA Interference Lawsuit Targets ACA-Driven Reduction of Hours Strategy

King & Spalding on

In a case believed to be the first of its kind, a recent class action claim has accused an employer of reducing hours of employees to avoid having to provide health coverage as required under the Patient Protection and...more

Franczek P.C.

Class Action Suit Alleges Dave & Buster’s Cut Employee Work Hours to Skirt ACA Obligation to Offer Health Coverage

Franczek P.C. on

In the first lawsuit of its kind, a purported class of approximately 10,000 workers at Dave & Buster’s, the restaurant chain, filed a lawsuit in the Southern District of New York (Marin v. Dave & Buster’s, Inc., S.D.N.Y., No....more

Fenwick & West LLP

Fenwick Employment Brief - February 2015

Fenwick & West LLP on

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

Epstein Becker & Green

Benefits Litigation Update - Summer 2014

Epstein Becker & Green on

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to...more

Morrison & Foerster LLP

A New Dawn for California Class Actions

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

Mintz - Employment, Labor & Benefits...

School is Almost Out and Summer Interns are (Still) In

With the Memorial Day weekend approaching, many people are looking forward to hitting the beach, firing up the grill and polishing off their golf clubs, which are, for many Northeasterners, covered in cobwebs after this long...more

Bracewell LLP

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

McNees Wallace & Nurick LLC

Taking The Check Out Of Paycheck: The Legality Of Payroll Debit Cards

Recently, the practice of paying employees via payroll debit cards came under fire when an employee filed a class action lawsuit against her employer, a McDonalds' franchisee, alleging that payment of wages via a Chase...more

Laner Muchin, Ltd.

Court Rules That Employer's Unpaid Interns Are Actually Employees Covered By Wage And Hour Laws; Certifies Class Action Filed On...

Laner Muchin, Ltd. on

A federal District Court in New York recently ruled that production interns who worked on the set of the movie “Black Swan” are actually employees for minimum wage and overtime purposes, and certified a wage and hour class...more

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