Chauniqua Young of Outten & Golden LLP, who represents workers in discrimination cases, said new requirements that employers must be transparent around salary ranges, which Connecticut, Nevada and Rhode Island passed in 2021, were especially important.
"The fact that you have three jurisdictions passing these types of laws is a tribute to legislatures trying to get things done and probably a host of organizers that are bringing issues to state legislatures' attention," Young said. "I expect to see that more states will pass pay transparency laws."
Moira Heiges-Goepfert, an Outten & Golden LLP attorney who represents California workers, said the case sets up an opportunity for the justices to explain just how much of an impact a state law needs to have on motor carriers to trigger FAAAA preemption.
"It's a perfect policy question," she said. "What does 'related to' mean?"
"The Ninth Circuit is saying the state law has to be pretty closely related to a price, route, or service, a very specific interpretation," she said. "Whereas the First Circuit has taken a much broader view and said anything that has a significant impact on routes or prices or service would be enough to be preempted."
A health care staffing company's recent bid to pursue high court review of a Ninth Circuit ruling on when per diems factor into overtime pay elicits some key takeaways, including that while per diems should be closely tied to actual expenses they can still vary based on hours worked, attorneys say.
Former field organizers for Michael Bloomberg’s campaign have filed two proposed class-action lawsuits in federal court in New York City, making the case that the staffers were terminated after being promised jobs and benefits through November.
Employers can get tripped up by the seemingly nebulous requirements of the administrative exemption from overtime that's in the Fair Labor Standards Act, but they can ensure their review is concrete with a cautious approach that uses comprehensive questions and solid recordkeeping, attorneys say.