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Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

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

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

A&O Shearman

Getting reluctant employees back into the workplace

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It has been a couple of years since the pandemic restrictions have ended but many employers are still struggling to get their staff back into the workplace for their required percentage of days. This can be the case even when...more

Ius Laboris

Refusing requests to work remotely in a hybrid workplace

Ius Laboris on

Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the UK flexible working regime could prompt more requests to work from home. A recent Employment Tribunal judgment provides...more

Polsinelli

The Fifth Circuit Lowers Pleading Standard for Title VII Discrimination Claims

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Earlier this month, the Fifth Circuit Court of Appeals (covering Texas, Mississippi, and Louisiana) issued an en banc decision in Hamilton v. Dallas County holding employees no longer have to show they were subject to an...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?

In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

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The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

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

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Benesch

Fifth Circuit Expands Legal Standard for Employment Discrimination Cases

Benesch on

On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for...more

Fisher Phillips

Essential Summer Reading List for Employers

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Summer’s the time to sit back and relax and catch up on some light reading you’ve been meaning to get to. And what better way to spend time poolside or at the beach than to scroll through some links from Fisher Phillips? Here...more

BCLP

UK HR Two-Minute Monthly: March 2023

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Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

FordHarrison

Eleventh Circuit Reinforces Fluctuating Workweek Method Of Paying Overtime

FordHarrison on

The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

BCLP on

Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

Perkins Coie

August Tip of the Month: New York City Steps Up Enforcement of Worker Protection Laws

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New York City’s Department of Consumer and Worker Protection (DCWP) has actively stepped up enforcement of the city’s worker protection laws, including the Fair Workweek Law (FWL) and Paid Safe and Sick Leave Law (PSSL)...more

Bradley Arant Boult Cummings LLP

Everybody’s Working on the Weekend (Well, Not Everybody) — Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final...

An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v....more

Fisher Phillips

The California Legislature Is Back in Town – Employers Should Monitor These 10 Bills

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The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more

BakerHostetler

[Webinar] Wage and Hour in the Energy Industry – New Administration, New Rules - May 4th, 11:30 am - 12:30 pm CT

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While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more

Fisher Phillips

Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek

Fisher Phillips on

Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more

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

Supreme Court of Pennsylvania Rejects Use of Fluctuating Workweek Method for Overtime Payment Calculation

In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more

Seyfarth Shaw LLP

The Pennsylvania Supreme Court Finally Kills The Fluctuating Workweek Doctrine in Pennsylvania, Ruling That The “Half-Time” Method...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more

Troutman Pepper

Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime

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Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more

Littler

Canadian Employers Must Navigate a Patchwork of Family Status Accommodation Requirements

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Members of the Baby Boom generation often remained in one job throughout their working lives.  It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more

Pierce Atwood LLP

Massachusetts SJC: Rule 23 Governs Wage Act Claims, Rejected Offers of Judgment Do Not Moot Claims, and More

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Every now and then a case comes along that rewards us class action nerds with an embarrassment of riches. Gammella v. P.F. Chang’s China Bistro, Inc., decided last week by the Massachusetts Supreme Judicial Court, is one such...more

Farrell Fritz, P.C.

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

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Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

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