In Rosalba Espinal v Sephora USA, Inc. 2024 WL 4241537 (S.D.N.Y.), Judge Paul A. Engelmayer held that employees engaged in manual labor have a private right of action under New York Labor Law (NYLL) §198 (1-a) for the...more
A National Labor Review Board (NLRB) administrative judge has ruled that a Pennsylvania psychiatric hospital violated Section 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by not providing wage information...more
Summer 2024 brought a few reminders of what costly challenges employment disputes in California can be, regardless of venue or subject matter. This brief alert simply highlights two recent jury verdicts and the challenge of...more
In a recent decision, the Massachusetts Appellate Division of the District Court Department affirmed the trial court’s award of summary judgment in favor of an employer that had argued that a retention bonus did not...more
On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more
On August 9, 2024, Gov. J.B. Pritzker signed HB3773 into law, amending the Illinois Human Rights Act (IHRA) to address the growing use of artificial intelligence in the workplace....more
California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from...more
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban most non-compete agreements with workers across the country. Pending potential action by a court, the final rule is set to take effect...more
Effective March 20, 2024, the New York City Earned Safe and Sick Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more
Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more
The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of...more
In a recent unpublished opinion, the Ninth Circuit reversed the dismissal of a plaintiff’s representative claims, brought under California’s Private Attorneys General Act (PAGA). In doing so, the Ninth Circuit noted that...more
There has been a great amount of activity in union organizing efforts in recent years. Many societal and market changes, as well as the impact of the pandemic on various working arrangements, serve as the foundational basis...more
On December 3, the New York City Council passed a bill referred to as the New York City Employee Bill of Rights. Essentially, the bill would require coordination among a number of New York City agencies, including the New...more
FOCUS ON CALIFORNIA WAGE AND HOUR -
Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge -
A recent Ninth Circuit decision imposes new obligations on California employers that furlough or...more
The Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination based on pregnancy. At its core, PWFA requires employers to provide “reasonable accommodations” to known limitations related to...more
The United States Department of Labor (DOL) announced recently that it is proposing a rule to raise the salary threshold required for an employee to be exempt from the Fair Labor Standards Act’s overtime requirements. An...more
FOCUS ON WAGE AND HOUR -
Proposed DOL Rule Would Raise Salary Threshold for Exempt Employees -
The United States Department of Labor (DOL) announced recently that it is proposing a rule to raise the salary threshold...more
FOCUS ON THE PREGNANT WORKERS FAIRNESS ACT -
Pregnant Workers Fairness Act Expands Protections for Pregnant Employees -
The Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination...more
The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues...more
We’ve all heard the song “California Dreaming.” But it’s no dream for employers that Golden State trends impact wage and hour laws across the country. California has some of the nation’s strictest wage-and-hour laws and...more
Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more
Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more
Multiple states have adopted various E-Verify requirements, making compliance tricky for employers operating in numerous states. In March 2023, Florida Governor Ron DeSantis signed into law a bill that, among other things,...more
In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more
3/30/2023
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Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
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State Labor Laws ,
Wage and Hour