The Second Circuit's ruling this week that the U.S. Equal Employment Opportunity Commission can continue investigating a worker's charge even if the employee files their own lawsuit reflects a growing consensus among federal appeals courts on the breadth of the agency's powers.
It's been a year since the Fifth Circuit struck down the Biden administration's tipped credit rule, and attorneys say that the tipped minimum wage landscape feels at once settled with the return to a long-standing prior rule and yet in flux with states continuing to drive the conversation.
California employers now face a higher burden to make a good faith defense to liquidated damages in minimum wage suits in the wake of a recent California Supreme Court ruling, attorneys said, though disagreement remains about the extent of the opinion.