The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA).
Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees.
The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice requirement.
In a recent decision, a federal court judge held that individual FLSA settlements do not need to be approved, and parties may stipulate to dismissal under Rule 41.
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).
The California Supreme Court has held that meal period and rest break violations can also trigger derivative claims for waiting time penalties and wage statement penalties.
Ohio recently enacted Senate Bill 47, which includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for certain work-related tasks that occur outside of the workday.
The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. The FCRA is atypical in that FCRA claims can proceed in either federal or state court.
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court.
