Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act (“WARN Act”), and/or their corresponding state statutes, just to name a few. As some employers face the prospect of losing federal funding whether
Employment Class Actions: A General Counsel Briefing
Class/Collective Actions and Complex Employment Litigation
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Trump Administration Signals How Employment Policies on DEI and Gender May be Scrutinized

In a flurry of Executive Orders, the new Trump Administration is signaling how it views employment policies, procedures, and programs related to diversity, equity, and inclusion (DEI) and gender ideology. David Colvin, a partner based in our Philadelphia office, has authored a pertinent summary of the relevant Executive Orders and guidance to employers who may…
Furniture Retailer Settles for $1.5 Million with EEOC Over Allegations of Categorically Failing to Hire Women and Segregating its Workforce by Sex

On January 10, 2025, the U.S. District Court for the Middle District of Florida approved a nearly $1.5 million settlement agreement in a case brought by the U.S. Equal Employment Opportunity Commission (EEOC) against a retail furniture business employing delivery drivers, delivery assistants, and warehouse associates.
Allegations of a Standard Operating Procedure to Not Hire…
Practical Guidance on PAGA? We Have You Covered
Do you have questions about California’s Private Attorneys’ General Act (PAGA)?
Our Los Angeles partner, Steven P. Gallagher, is so knowledgeable that LexisNexis recently tapped him to write a Practical Guidance on the subject. In the article, Steven essentially gives other lawyers a primer on the in’s, out’s and procedural intricacies of the act. Even…
The EEOC Continues to Challenge Leave Policies as Discriminatory

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA).
The “Voluntary Resignation” Policy
On September 13, 2024, the EEOC filed a complaint in the Eastern District of Michigan against a nursing home (EEOC v. Pace Southeast Michigan), asserting that the…
Want to Trigger a Wage-and-Hour Class Action? Try Not Paying the Right Minimum Wage!

Some low hanging fruit for the plaintiffs’ bar is an employer who simply doesn’t pay the right wage rate. That happens more often than you think, especially in states like California where so many cities have their own minimum wages. Not paying attention to those city rates might as well be an engraved invitation to…
PAGA Reform: Everything You Need to Know

The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA from the November ballot in exchange for the reform.
PAGA is a vital issue to…
2023: A Busy Year for the EEOC
Overview
On February 23, 2024, the EEOC issued its 2023 Annual Performance Report,[1] which details the EEOC’s main priorities from 2023 and the inroads it made toward accomplishing same. Noteworthy for class action litigation, one of the EEOC’s main priorities was “tackling” systemic discrimination, which involves multiple, alleged victims of allegedly discriminatory policies. The…
DOL Increases Salary Threshold for FLSA Exemption – What Comes Next?

On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect there will be legal challenges to this rule, if it takes effect, businesses will need to raise their employees’ salaries to meet the new threshold…
Manufacturing Success Webinar: Avoiding the Crosshairs of the EEOC (and the Plaintiffs’ Bar)

Join me, for a one-hour webinar designed to mitigate the risks of class action like claims in the manufacturing sector. I will concentrate on EEOC enforcement and share valuable insights applicable to general best practices, including:-Enhanced scrutiny relevant to industries traditionally dominated by men-Common safety policies and practices that may increase risk-The potential for…