News & Analysis as of

Wage and Hour Appellate Courts

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Fisher Phillips

Federal Appeals Court Revives University Worker’s Equal Pay Claim: How Your School Can Ensure Compliance

Fisher Phillips on

In a decision that will have implications for how colleges and universities across the country pay their administrators, faculty, and staff, the 11th Circuit Court of Appeals in Atlanta this month revived a former athletic...more

Jackson Lewis P.C.

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

Amundsen Davis LLC

Federal Appeals Court Invalidates the U.S. Department of Labor’s 2021 Tip Credit Rule

Amundsen Davis LLC on

On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule...more

Roetzel & Andress

U.S. Court of Appeals Throws Out and Simplifies Federal Tip Credit Rule

Roetzel & Andress on

For a generation, one of the most contested FLSA issues was when employers could pay subminimum wages to tipped employees. During Republican administrations, the U.S. Department of Labor issued business-friendly tip-credit...more

Jackson Lewis P.C.

Impacts of Third Circuit’s Decision on Student-Athletes as Employees

Jackson Lewis P.C. on

In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

Seyfarth Shaw LLP on

Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Seyfarth Shaw LLP

Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

Seyfarth Shaw LLP on

Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more

Littler

Littler Lightbulb – October Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. ...more

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

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

Jackson Lewis P.C.

Third Circuit Offers Guidance on When Donning and Doffing Safety Gear Is Compensable

Jackson Lewis P.C. on

A federal district court applied the wrong legal test when it held on summary judgment that oil rig workers were not entitled to compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and...more

Fox Rothschild LLP

What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In

Fox Rothschild LLP on

It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. In a recent case, a federal appellate court...more

Cozen O'Connor

Third Circuit Court Opines on Donning and Doffing Under FLSA

Cozen O'Connor on

In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act (FLSA). ...more

Constangy, Brooks, Smith & Prophete, LLP

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing...more

Jackson Lewis P.C.

Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

Jackson Lewis P.C. on

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has...more

Littler

Littler Lightbulb – April Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Fox Rothschild LLP

Look-Back Period Questioned in NJ Wage and Hour Case

Fox Rothschild LLP on

Earlier this month in Maia v. IEW Construction Group, the New Jersey Appellate Division confronted a critical issue concerning this state’s wage and hour laws. The case centered on amendments passed by the state Legislature...more

Jackson Lewis P.C.

California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour...

Jackson Lewis P.C. on

In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims...more

Littler

Littler Lightbulb – February Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

52 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide