As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the … Continue Reading
As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to … Continue Reading
The District Court for the Southern District of New York refused to conditionally certify a collective action under the Fair Labor Standards Act (“FLSA”) acknowledging that although the bar for conditional certification of a FLSA collective action is low, “it is not this low.” Sanchez v. JMP Ventures, LLC, 2014 U.S. Dist. LEXIS 14980 (S.D.N.Y. … Continue Reading
Because of a lenient standard of proof imposed on plaintiffs by most courts, employers rarely are successful at defeating motions for conditional certification, the first step of the two-step opt-in class certification process for collective allegations of wage and hour violations under the Fair Labor Standards Act (“FLSA”). So when an employer does defeat such a motion, it is newsworthy and must be … Continue Reading
The U.S. District Court for the Eastern District of Arkansas (Judge Susan Webber Wright) denied a FLSA 216(b) motion for conditional certification by seven former employees of a strip club in Jacksonville, Arkansas who filed a putative class and collective action against the club’s owners and managers alleging that they had been improperly classified as independent contractors … Continue Reading
