Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections...more
The intersection between an employer's obligations under the Family & Medical Leave Act (FMLA) and its enforcement of performance standards sometimes feels fraught with fear. However, nothing in the FMLA prohibits an employer...more
The United States Court of Appeals for the Seventh Circuit recently articulated a new statutory framework for determining whether notice to a putative plaintiff should be issued under the Fair Labor Standards Act (FLSA). At...more
2/6/2020
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Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Arbitration ,
Collective Actions ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Notice Requirements ,
Over-Time ,
Preponderance of the Evidence ,
Putative Class Actions ,
Wage and Hour
On July 31, 2019, Illinois joined a growing list of state and local governments that have banned employers from using salary history in the hiring process. For those keeping count, there are now 18 state bans and 18 municipal...more
The Illinois Nursing Mothers in the Workplace Act was recently (and quietly) amended last month. There are two significant changes.
1. Employers must provide paid leave for women to express milk once their unpaid break and...more
Working full-time hours is an essential function of a full-time job, right? Not necessarily, said the Sixth Circuit Court of Appeals in a Hostettler v. The College of Wooster. When the job can be done on a reduced schedule,...more
In AHMC Healthcare, Inc. v. Letona, decided earlier this week, a California state of appeals court considered an employer's use of a time clock rounding system and whether it violated California ...more
The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the...more
Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's...more