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Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more

Minnesota Legislature Enacts Pay Transparency Law and Updates Paid Sick Leave and Other Employment Laws

Minnesota employers should be aware of several new employment laws that were included in the Omnibus Labor and Industry Policy bill and Omnibus Tax bill that were signed into law at the end of May, just before the close of...more

California Enacts First Significant Reforms to PAGA in More Than a Decade

California's Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more

January 2024 Updates to Minnesota Employment Laws and Next Steps for Employers

On January 1, 2024, several new employment laws took effect in Minnesota, based on bills passed during the 2023 legislative session. All employers with employees in Minnesota are subject to the following changes, discussed in...more

A Review of 2023 Labor & Employment Legislation in California

The 2023 California legislative session saw the passage of a number of new and important labor and employment laws....more

A Review of 2022 Labor & Employment Legislation in California

The California Legislature passed a number of new and important labor and employment laws during its 2022 session. ...more

New York State Prohibits Retaliation Against Employees Who Use Legally Protected Leave

Under legislation signed into law last week, New York employers cannot assess points, deduct time from a time bank, or otherwise penalize an employee for using a legally protected absence. The law takes effect February 20,...more

New Directive From OFCCP Signals the Biden Administration's Prioritization of Pay Equity

On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more

Fifth Circuit Requires "Rigorous Scrutiny" Before District Courts Authorize Notice in FLSA Collective Actions

The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Avoiding Pandemic-Related Employment Litigation and Disputes

Employers navigating the coronavirus (COVID-19) pandemic cannot ignore the threat of labor and employment claims that may arise from the crisis. Indeed, a steady stream of pandemic-related lawsuits have already been filed,...more

Avoid the Pitfalls of NYC Freelancer Law

New York City's Freelance Isn't Free Act ("Act") took effect on May 15, 2017, and applies to any freelance contracts or agreements entered into on or after that date. The Act requires all agreements for freelance work of a...more

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