News & Analysis as of

Statutory Interpretation Employer Liability Issues Employment Litigation

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

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The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Epstein Becker & Green

Time is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims

The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers....more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

CDF Labor Law LLP

California Supreme Court Clarifies Cost Shifting Under CCP Section 998

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The California Supreme Court has clarified how the cost-shifting provisions of California Code of Civil Procedure Section 998 (“Section 998”) may apply when a case settles before trial. In a recent decision, Madrigal v....more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

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Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Sheppard Mullin Richter & Hampton LLP

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more

Ballard Spahr LLP

The Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases

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Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Determines that Internal Complaint May Support Claim for Wrongful Discharge in Violation of North Carolina Public...

On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more

Steptoe & Johnson PLLC

Federal Appeals Court Deals Mortal Blow to Tipped Employee Regulations

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Details Hospitality employers with tipped employees received welcome news late last month when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 Rule, the highlight of a new set of...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 2, July 2024

Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Ervin Cohen & Jessup LLP

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....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

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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

Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

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Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

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The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Adler Pollock & Sheehan P.C.

Supreme Court Poised to Eliminate Title VII Material Harm Requirement

Last week, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a key case involving the definition of an “adverse employment action” under Title VII of the Civil Rights Act of 1964.  Specifically, the Court...more

Littler

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

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On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

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The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

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The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

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For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

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