This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond....more
In recent years, the retail sector’s use of non-employee gig workers has grown dramatically. Both retailers and brand-name distributors have increasingly used workers who accept work on a project-by-project basis to load and...more
Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more
1/27/2020
/ Brick-and-Mortar Stores ,
Call Centers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Holiday Pay ,
Non-Exempt Employees ,
Risk Management ,
State and Local Government ,
State Labor Laws ,
Statutory Interpretation ,
Sunday Pay Laws ,
Wage Act ,
Wage and Hour ,
Wages
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more
Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver -
Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more
Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the...more
11/8/2018
/ Adverse Employment Action ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Race Discrimination ,
Retaliation ,
Summary Judgment ,
Wage and Hour
Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more
Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more
6/9/2017
/ Commerce Clause ,
Due Process ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Fourteenth Amendment ,
Hiring & Firing ,
Home Rule States ,
Job Applicants ,
Local Ordinance ,
Salary/Wage History ,
Wage and Hour