On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit. The Seventh Circuit’s ultimate decision in the matter could significantly impact collective action litigation.
Continue Reading Seventh Circuit to Review Two-Step Collective Certification Process
In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that restricted when employers may claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA).
Continue Reading Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule
On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute of limitations (depending on whether the violation is willful) or Colorado’s general six-year statute of limitations.
Continue Reading Colorado Supreme Court To Decide What Limitations Period Applies To Colorado Minimum Wage Act Claims
On August 16, 2024, a divided Seventh Circuit panel held that a court needs to establish personal jurisdiction over each individual member of a Fair Labor Standards Act (“FLSA”) collective, further contributing to an existing circuit split on this issue.
Continue Reading Seventh Circuit Weighs in on Jurisdiction in FLSA Collective Cases
In the California case of Okonowsky v. Garland, a male supervisor in a federal prison (a lieutenant) used his private Instagram account to post sexually offensive content about a female prison psychologist. The District Court dismissed the psychologist’s hostile work environment claim, holding that the posts occurred entirely outside the workplace, were made on the lieutenant’s personal Instagram account, and were not sent or otherwise displayed to the psychologist. The Ninth Circuit reversed the dismissal of the Title VII claim and found that, in view of the generally permanent nature of the sexual posts and the references to the workplace on the Instagram account, the psychologist’s work environment could have been made hostile, especially since she had to interact with the lieutenant on a regular basis, and despite the fact that the lieutenant’s conduct occurred “off-site.”
Continue Reading Recent Judicial Decisions Highlight the Importance of Anti-Harassment Training
Statutory protections for freelance workers have increased nationwide, with states and local governments continuing to pass legislation requiring written contracts and specific payment dates, and prohibiting discrimination and retaliation against freelance workers attempting to exercise their rights, including by amending state anti-discrimination laws to provide coverage for freelancers and other independent contractors. On November 22, 2023, New York became the second state – after Illinois – to adopt such statutory protections for freelance workers when Governor Kathy Hochul signed the “Freelance Isn’t Free Act” (the “Act”). The Act, which takes effect on August 28, 2024, is similar to other recently passed freelance worker laws but differs in a few material respects of which companies should be aware. Learn more here.
On 17 July 2024, the King delivered his speech at the State Opening of Parliament and the new UK Labour Government’s legislative programme for the year ahead were unveiled.
Continue Reading The King’s Speech: Labour’s plans for employment law reforms in the UK
Over the last few years, local governments have taken the lead in adopting statutory protections for freelance workers across the country. These protections include requiring written contracts, specific payment dates, and a prohibition on discrimination and retaliation against freelance workers attempting to exercise their rights. On August 4, 2023, Illinois became the first state to adopt such statutory protections for freelance workers when Governor JB Pritzker signed the Freelance Worker Protection Act (the “Act”). The Act, which took effect on July 1, 2024, resembles other freelance worker laws but has its own nuances that companies should be mindful of to ensure their continued compliance. To read more, see our recent article.
The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago. On June 18, 2024, Governor Gavin Newsom announced that an agreement was reached between business and labor groups to reform PAGA. The agreement comes on the heels of the looming June 27, 2024 deadline to remove a PAGA proposition from the November 5, 2024 ballot. The agreement, if passed by California’s state legislature, would overhaul several aspects of PAGA and withdraw a ballot measure that would have repealed PAGA’s statutory scheme altogether.
Continue Reading Will PAGA Be Reformed?
The Supreme Court Rejects a Watered-Down Approach to Preliminary Injunctions
On June 13, 2024, the United States Supreme Court held that when considering the National Labor Relation Board’s (the “Board” or “NLRB”) request for a preliminary injunction under Section 10(j) of the National Labor Relations Act (the “NLRA”), district courts must apply the traditional four-factor test for injunctive relief rather than a less stringent two-factor test used by many courts in evaluating the Board’s injunction requests. Starbucks Corp. v. McKinney, No. 23-367 (See here).
Continue Reading Can I Please Get Four Shots of Espresso Instead of Two?