Employment Class Actions: A General Counsel Briefing

Class/Collective Actions and Complex Employment Litigation

Latest from Employment Class Actions: A General Counsel Briefing


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

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

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

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that Scripps Medical Group (Scripps) has agreed to pay $6.875 Million to settle an age/disability discrimination charge that had been filed with the EEOC.  According to the EEOC, Scripps “subjected a class of physicians to a mandatory retirement age, regardless of the individuals’ abilities to do

In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s identification of this area as an “emerging or developing” issue as highlighted on this blog in September. Indeed, Between September 14 and October 2, 2023,

EEOC makes no secret as to the policies and practices most likely to trigger systemic action.  Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that EEOC considers most critical.  In its most recent Strategic Enforcement Plan for 2024-2028, finalized on September 21, 2023, EEOC

            In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor Standards Act (FLSA). Thus, although PTO arguably has a monetary value, employers will not be

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies through information sharing, joint investigations, training and outreach. 

The WHD’s areas of responsibility include enforcement of the Fair Labor Standards Act, including federal minimum wage,

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023 and enhances the accommodation protections provided by the Americans with Disabilities Act (ADA).  For more information on how the PWFA differs from the ADA, see my prior article at the following link: “How the Pregnant Workers Fairness Act Enhances Protections for Pregnant Workers

We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence technology. The case has now been settled by the parties without any major rulings from the court on the novel issues surrounding technology use in