On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit. The Seventh Circuit’s ultimate decision in the matter could significantly impact collective action litigation.
In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that restricted when employers may claim a “tip credit” for “tipped employees” under the Fair Labor Standards
On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute of limitations (depending on whether the violation is willful) or Colorado’s general six-year statute of limitations.
On August 16, 2024, a divided Seventh Circuit panel held that a court needs to establish personal jurisdiction over each individual member of a Fair Labor Standards Act (“FLSA”) collective, further contributing to an existing circuit split on this issue.
In the California case of Okonowsky v. Garland, a male supervisor in a federal prison (a lieutenant) used his private Instagram account to post sexually offensive content about a female prison psychologist. The District Court dismissed the psychologist’s hostile work environment claim, holding that the posts occurred entirely outside the workplace, were made on the
Statutory protections for freelance workers have increased nationwide, with states and local governments continuing to pass legislation requiring written contracts and specific payment dates, and prohibiting discrimination and retaliation against freelance workers attempting to exercise their rights, including by amending state anti-discrimination laws to provide coverage for freelancers and other independent contractors. On November 22,
On 17 July 2024, the King delivered his speech at the State Opening of Parliament and the new UK Labour Government’s legislative programme for the year ahead were unveiled.
Over the last few years, local governments have taken the lead in adopting statutory protections for freelance workers across the country. These protections include requiring written contracts, specific payment dates, and a prohibition on discrimination and retaliation against freelance workers attempting to exercise their rights. On August 4, 2023, Illinois became the first state to
The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago. On June 18, 2024, Governor Gavin Newsom announced that an agreement was reached between business and labor groups to reform PAGA. The agreement comes on the heels of the looming June 27,
The Supreme Court Rejects a Watered-Down Approach to Preliminary Injunctions
On June 13, 2024, the United States Supreme Court held that when considering the National Labor Relation Board’s (the “Board” or “NLRB”) request for a preliminary injunction under Section 10(j) of the National Labor Relations Act (the “NLRA”), district courts must apply the traditional four-factor
