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Wage & Hour Litigation Blog Blog

Articles: 1-10 of 242

A New Way to Stem the Tide of Pay Frequency Claims in NY?

USA - November 22 2022 Federal courts within the Second Circuit have held that merely alleging a pay frequency violation under New York Labor Law § 191 is insufficient for…

Meet the new interpretation, (pretty much the) same as the old interpretation: the DOL proposes its own independent contractor definition for the FLSA

USA - October 11 2022 Today the U.S. Department of Labor issued its draft new interpretive regulation (or NPRM) attempting to define employee versus independent contractor…

Another Court Rejects The Approval Requirement For Individual FLSA Settlements

USA - July 19 2022 FLSA practitioners long have been aware that most courts hold that purely private releases of FLSA claims are void, and that a…

October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022

USA - June 22 2022 On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory…

Supreme Court Ruling Ramps Up Opportunities For Certain Workers To Invalidate Arbitration Agreements Under Federal Law

USA - June 8 2022 As we previously reported, employers generally have found success when the…

California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements

USA - May 26 2022 The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing…

Prejudice will no longer be considered when deciding if a waiver of arbitration occurred; Not to worry, arbitration clauses still as enforceable as ever

USA - May 25 2022 The Supreme Court held that no showing of prejudice is necessary to establish a waiver of the right to arbitrate. The validity and…

Supreme Court Agrees to Hear Case Concerning Whether a Highly Paid Supervisor’s Daily Rate is a Salary Under the FLSA

USA - May 4 2022 On Monday, the Supreme Court agreed to hear a case addressing whether an employee paid on a day rate and earning over $200,000 a…

Return of the King? Not So Fast, Dr. Weil

USA - April 8 2022 On March 30, 2022, the Senate voted down a cloture motion to advance the nomination of Dr. David Weil to return as U.S. DOL Wage…

Another Step Down the Slope: The House of Representatives Votes to Ban Mandatory Employment Arbitration and Class and Collective Action Waivers

USA - March 18 2022 On March 17, the House of Representatives passed the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act,” which…