News & Analysis as of

Over-Time Wage and Hour Statute of Limitations

Conn Maciel Carey LLP

Biden EAP Overtime Exemption Rule Vacated, as Judge Sounds Death Knell for Increased Salary Thresholds

Conn Maciel Carey LLP on

On November 15, 2024, U.S. District Judge Sean D. Jordan of the Eastern District of Texas vacated the Biden Administration’s overtime exemption rule. The final rule, which went into effect on July 1, 2024, included a...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fox Rothschild LLP

PAGA Reform: Everything You Need To Know

Fox Rothschild LLP on

The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA...more

Fox Rothschild LLP

Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme

Fox Rothschild LLP on

I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will be dismissed in one court for one reason or another and then the...more

Jackson Lewis P.C.

Dismissal Without Prejudice of Named Plaintiff’s FLSA Claims Does Not Toll Limitations Period for Such Claims, Eleventh Circuit...

Jackson Lewis P.C. on

A named plaintiff who files a collective action for overtime pay under the Fair Labor Standards Act (FLSA), and whose individual claims are dismissed without prejudice because the district court lacks jurisdiction over the...more

Littler

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Littler on

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

Jackson Lewis P.C.

Déjà Vu: Virginia Returns to FLSA Overtime Standards

Jackson Lewis P.C. on

Overtime standards in Virginia will return to federal standards beginning July 1, 2022. On July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, significantly deviating the state’s overtime pay laws from...more

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

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal...more

Fisher Phillips

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

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The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

FordHarrison

Second Circuit Panel Adopts Seemingly Heightened Pleading Standard for Willfulness in FLSA Overtime Cases

FordHarrison on

Executive Summary: On April 27, 2021, a sharply divided panel of the U.S. Court of Appeals for the Second Circuit, covering New York, Vermont, and Connecticut, held that in Fair Labor Standards Act Overtime cases (FLSA), to...more

Jackson Lewis P.C.

FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds

Jackson Lewis P.C. on

Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations....more

Morgan Lewis

Wage Theft Act Becomes Law in New Jersey

Morgan Lewis on

New Jersey’s new Wage Theft Act will likely make the state a destination for wage and hour class actions as the new law includes critical employee protections and harsher penalties for employers, and extends the statute of...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Morgan Lewis

Open for Business: Puerto Rico Enacts Sweeping Labor Reform

Morgan Lewis on

Employer-friendly revisions to attract new businesses and facilitate operations for existing enterprises signals a new era of labor flexibility in Puerto Rico. On January 26, 2017, weeks after being sworn in as the...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

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