On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit joined the majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective action under the Fair Labor Standards Act (FLSA).
Continue Reading Ninth Circuit Weighs In On Circuit Split Involving FLSA Collective Action Jurisdictional Requirements
On July 1, 2025, the UK Government published a ‘roadmap’ setting out anticipated timelines for implementing the reforms in its Employment Rights Bill, marking a significant shift in workplace regulation.
The roadmap at a glance:
The UK Government has signalled its intention to provide further clarity to all stakeholders on the operation and impact of the Bill. Consequently, it sets out a planned consultation timetable for key changes. Consultations will begin in summer 2025 and will conclude in early 2026.
Continue Reading UK Employment Rights Bill Update: the Implementation Roadmap
On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through opinion letters, which are formal, written guidance on how a DOL enforcement agency would apply federal labor law in a specific workplace situation. These letters can be requested by anyone and address various workplace scenarios, such as how to apply existing law to novel or ambiguous legal issues.
Continue Reading U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program
On May 9, 2025, New York Governor Kathy Hochul signed Senate Bill S3006C into law which concerns New York State’s education, labor, housing, and family assistance budget for the 2025-2026 fiscal year. This budget, among many other things, amends New York Labor Law § 198 to limit the damages available in cases brought under NY Labor Law § 191, otherwise known as “frequency-of-pay cases.”
Continue Reading New York State 2025 Budget Includes Limitation on Damages in Frequency-of-Pay Cases
On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for purposes of Fair Labor Standards Act (FLSA) enforcement.
The independent contractor vs. employee analysis under the FLSA has fluctuated for more than a decade. The applicable analysis has always revolved around the economic realities test, but the focus of the test has shifted.
Continue Reading U.S. Department of Labor Issues New FLSA Independent Contractor Guidance
On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion on the requirements for plaintiffs to survive a motion to dismiss regarding an allegation that plan fiduciaries engaged in a prohibited transaction under the Employee Retirement Income Security Act of 1974 (“ERISA”). Cunningham v. Cornell University, 23-1007 (U.S. 2025).
Continue Reading Cunningham v. Cornell University
On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the salary-basis test, a key factor in determining whether an employee is properly classified as “exempt” from the Fair Labor Standards Act’s (FLSA) overtime requirements.
Continue Reading Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.
On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall Central School District (the “District”) on a failure-to-accommodate claim brought under the Americans with Disabilities Act (ADA) by Angel Tudor (“Tudor”), a teacher in the District. In its opinion, the court held that a reasonable accommodation may be required even when the employee can perform the essential functions of their job without the accommodation.
Continue Reading The Second Circuit Holds That Reasonable Accommodations Under the ADA May Be Required Even When Not Necessary to the Performance of the Job
On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”). Wages under the WPL are defined as “direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece or commission basis.” The trial and appellate courts held that commissions were a “supplementary incentive,” which is excluded from the definition of wages under the WPL. Supplementary incentives were described by the court as additional “compensation that motivates employees to do something above and beyond their labor or services.”
Continue Reading The New Jersey Supreme Court Finds that Commissions Are Wages Under the New Jersey Wage Payment Law
On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective action waivers contained in otherwise unenforceable arbitration agreements.
Continue Reading Federal District Court Says Class and Collective Action Waiver Survives Unenforceable Arbitration Agreement