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Fifth Circuit Rejects NLRB's D.R. Horton Decision

In a major win for employers, the Fifth Circuit Court of Appeals, on December 3, 2013, rejected the highly controversial D.R. Horton, Inc. decision from the National Labor Relations Board (NLRB). ...more

12/4/2013 - Arbitration Class Action Collective Actions D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is...more

8/13/2013 - FLSA Over-Time Settlement Wage and Hour Wages

Beneath the Radar: The Seventh Circuit Quietly Overhauls FLSA Collective Action Litigation

With a few casual sentences, the Seventh Circuit Court of Appeals has called into question the standards used by most district courts for the past three decades to certify collective actions under the Fair Labor Standards Act...more

3/1/2013 - Class Action Decertify FLSA Rule 23 Wage and Hour

U.S. Supreme Court denies cert in Fifth Circuit Case—The Future for the Enforceability of Private FLSA Settlement Agreements

In a prior post, we wrote about a recent decision from the Fifth Circuit Court of Appeals enforcing a private settlement agreement that released claims under the Fair Labor Standards Act (FLSA), even though the agreement did...more

12/17/2012 - DOL FLSA Settlement Split of Authority

Fifth Circuit Holds Private FLSA Settlement Agreement Is Enforceable

The Fifth Circuit Court of Appeals recently enforced an agreement settling claims under the Fair Labor Standards Act (FLSA), even though the settling parties never received approval from the district court, and the agreement...more

8/7/2012 - DOL FLSA Settlement

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