Wage & Hour

Expert Analysis

• How Justices' GEO Ruling Resets Gov't Contractor Litigation

  

  The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

• Preparing For New Calif. Pay Data Reporting Requirements

  

  California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

• Justices May Hesitate To Limit Courts' Arbitration Review

  

  Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

• Motorola Case Shows Reach Of NLRA Dishonesty Protections

  

  A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.

• Flashpoints In Focus: Harassment At Work After Epstein Files

  

  The recent release of millions of documents related to Jeffrey Epstein's sex trafficking scheme has renewed a movement to hold perpetrators of sexual assault and harassment responsible, making it a perfect time for employers to ensure they have a strong system for preventing and addressing workplace harassment, say attorneys at Seyfarth.

• 3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

  

  To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

• Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

  

  The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.

• How NY Stay-Or-Pay Law Shifts Leverage Dynamics

  

  The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.

• H-1B Registration Tips For New Wage-Weighted Selection

  

  Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

• Proposed DOL Rule Could Simplify Contractor Classification

  

  If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

• How DOL Rule Would Preserve App-Based Contractor Work

  

  The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

• What Employers Should Know About Calif. PAGA Proposal

  

  Recently proposed regulations concerning the Private Attorneys General Act evidence an intent by California's Labor and Workforce Development Agency to play a greater role in the prosecution of PAGA actions, including more oversight over the exhaustion notices and settlement process, say attorneys at Paul Hastings.

• 11th Circ. Ruling Offers Guidance On Compensable Work Time

  

  In Villarino v. Pacesetter Personnel Service, the Eleventh Circuit recently ruled that commuting does not become compensable simply because an employer offers transportation, emphasizing that courts will examine whether employees retain meaningful choice and how policies operate, says Lauren Swanson at Hinshaw.