» collective action

DOL targets gig economy abuses

The United States Department of Labor (“DOL”) recently announced the adoption of an administrative rule that better addresses the escalating problem of employee misclassification. In particular, companies increasingly misclassify employees as ind… Read More

DOL enforcement continues to move in progressive direction

The United States Department of Labor (DOL) recently issued an agency rule that rescinds the approach adopted under the prior Federal administration. The previous Federal administration’s practice permitted Federal contractors to use religious fait… Read More

EEOC steps up to address the pandemic’s impact

The United States Equal Employment Opportunity Commission (“EEOC”) recently issued public guidance regarding the use of incentives to encourage employees to be vaccinated against COVID-19. This technical assistance from the EEOC outlines how empl… Read More

Politicized Supreme Court, by a slim majority, again sides with corporations

By a 5-4 margin, the United States Supreme Court opted to deviate from over 70 years of clearly established legal precedent to make it more difficult to hold employers accountable for wage theft. In that case, Encino Motocars, LLC v. Navarro, the 5-p… Read More

The handouts for corporations continue

After pushing through a tax law that will cause a dramatic transfer of wealth to the richest individuals and largest corporations, the Trump administration is now evidently seeking to take more money out of the pockets of ordinary Americans. In parti… Read More

Federal tax “reform” will deform the economy and undercut workplace rights and other core protections

Without any public hearings, Congress rushed to pass a tax “reform” law that will likely cause the largest redistribution of wealth in the nation’s history. In particular, tax rates for country’s most wealthy individuals and corporations will… Read More

Employment litigation in 2014: mostly more of the same

Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in… Read More

The Supreme Court’s radical ruling for the proverbial 1%

The latest decision by the Supreme Court about the arbitration of statutory claims will, going forward, preclude court action even when doing so deprives small businesses and many people of any meaningful legal recourse. In rendering such an extreme… Read More

Class actions under arbitral attack

The Supreme Court has continued to exhibit a preference for arbitration over court litigation in a number of recent rulings, including those that have limited the ability to pursue class actions and collective actions. The Supreme Court’s agenda se… Read More