News & Analysis as of

Fair Labor Standards Act (FLSA) Age Discrimination in Employment Act

Seyfarth Shaw LLP

The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the...

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Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more

Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

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On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

ArentFox Schiff

Will AI Short Circuit the Workplace? Some Considerations for the Continued Use of AI By Employers

ArentFox Schiff on

The increased use of artificial intelligence (AI) in the workplace has already raised issues about working time, proper classification, and discrimination. This alert addresses some of these issues. Working Time and...more

Seyfarth Shaw LLP

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional...

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Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more

Jones Day

Fifth Circuit Requires "Rigorous Scrutiny" Before District Courts Authorize Notice in FLSA Collective Actions

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The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

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

Constangy, Brooks, Smith & Prophete, LLP

They May Regret This decision.

The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more

Foley & Lardner LLP

EEOC Joins in the Holiday Festivities by Adding Proposed Joint-Employer Rulemaking to its ‘To Do’ List

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In mid-November, the Trump administration published its fall agenda. Of interest to employers, that agenda included a notice from the Equal Employment Opportunity Commission (EEOC) that it intends to clarify its...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2019 #2

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GOVERNMENT CONTRACTS LAW - Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR, June 28, 2019. The FAR Council is beginning to catch up with the SBA’s allowance that prime...more

Littler

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

Littler on

The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more

Seyfarth Shaw LLP

Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over

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Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more

BakerHostetler

Tennessee District Court Conditionally Certifies ADEA Collective Action

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Connecting the dots will likely be a problem down the road . . . The overwhelming majority of employment class or collective actions today are wage and hour matters....more

Constangy, Brooks, Smith & Prophete, LLP

Memorial Day Employment Law Quiz!

How's your employment law history knowledge? Happy Memorial Day weekend, everybody! In honor of the occasion, see how much you remember about these old federal employment laws that we deal with every day. As always, answers...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2019

First Circuit: Age May Be Just a Number - Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous...more

Locke Lord LLP

February 2019 Independent Contractor Misclassification and Compliance News Update

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One need only glance at the court cases we report on below to understand why some businesses choose to settle independent contractor misclassification cases.  Three of these cases highlight the unpredictable approaches...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2019

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GOVERNMENT CONTRACTING - According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article...more

Seyfarth Shaw LLP

15th Annual Workplace Class Action Litigation Report

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Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more

Seyfarth Shaw LLP

The 2019 Annual Workplace Class Action Litigation Report Is Almost Here!

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Seyfarth Synopsis: Happy Holiday season to our loyal readers of the Workplace Class Action Blog! Our elves are busy at work this holiday season in wrapping up our start-of-the-year kick-off publication – Seyfarth Shaw’s...more

Steptoe & Johnson PLLC

Recent Supreme Court Decision Interprets ADEA to Cover State and Local Governments of Any Size

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On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

FordHarrison

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

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The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Obermayer Rebmann Maxwell & Hippel LLP

The Supreme Court Rules that the Age Discrimination in Employment Act Applies to Small Government Employers

The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more

BakerHostetler

What Is the State of Joint Employment?

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Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2018

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ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more

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