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Labor & Employment Insights Blog

Articles: 1-10 of 398

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on Class

USA - October 19 2021 When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1) whether it will be a…

Another Type of COVID Long Haul—Future Discrimination Suits?

USA - October 12 2021 We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s…

New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

USA - October 8 2021 Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix…

Finally Final: The Tipped Employee Rule

USA - September 30 2021 As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule…

Get Poked or Get Canned - Can You Terminate an Employee for Refusing the Vaccine?

USA - September 23 2021 For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game…

President Biden Calls His Shot: The New Federal Vaccine Mandate — What Does It Mean?

USA - September 10 2021 Yesterday, President Biden announced that he is entering two Executive Orders requiring COVID-19 vaccines for federal workers and contractors and…

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-Worker

USA - September 9 2021 In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male…

Yes, We’re Still Talking About COVID-19: OSHA Updates Guidance for Workplaces

USA - September 2 2021 Recently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the…

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!

USA - August 27 2021 The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles…

What’s Your Vax Status? New Requirements for Federal Employees and Contractors

USA - August 19 2021 With Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor…