Labor Days

News and analysis from Kelley Drye’s labor and employment practice

The Second Circuit Joins the Party: Provencher v. Bimbo Foods Closes the Door on Out-of-State FLSA Opt-Ins

The Second Circuit has officially weighed in on a long-running jurisdictional dispute in wage and hour litigation, and it’s good news for employers. In Provencher v. Bimbo Foods Bakeries Distribution LLC, No.…

The Algorithm Ate My Residency (And Other Stories for Employers)

Employers using AI-powered tools to screen, rank, or normalize job applicants face significant and growing litigation risk—particularly when they cannot explain how algorithmic decisions are made. A recent incident…

California’s AB 692: The State Puts “Stay-or-Pay” Agreements Under Greater Scrutiny

California continues to reshape the boundaries of permissible employment agreements, and  Assembly Bill 692 is the state’s latest move to strengthen employee mobility. Effective January 1, 2026, AB 692 prohibits…

No Individual Claim, No Problem? The California Supreme Court Takes on Circuit Split on Headless PAGA Claims

The Private Attorneys General Act of 2004 (PAGA) grants private individuals the authority to sue on behalf of the state of California for employer violations of the California Labor Code. The primary purpose of PAGA is…

Complimentary L&E Webinar Series

Join Kelley Drye’s Labor and Employment team for the 2022 WORKing Lunch Series, which includes five webinars focused on the latest trends and developments in workplace law. Sign up for one, some, or all of the…