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The Ninth Circuit Raises Pleading Standards for FLSA Plaintiffs

The U.S. Court of Appeals for the Ninth Circuit makes pleading Fair Labor Standards Act (FLSA) violations more difficult by applying the heightened standard in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft...more

11/21/2014 - Employer Liability Issues FLSA Minimum Wage Pleading Standards Twombly/Iqbal Pleading Standard Unpaid Overtime

Obama Issues Executive Order and Presidential Memorandum Concerning Equal Pay Initiatives for Federal Contractors

Yesterday, President Obama issued an Executive Order and Presidential Memorandum intended to address equal pay for women. The Executive Order prohibits federal contractors from retaliating against an applicant or employee...more

4/9/2014 - Equal Pay Executive Orders Federal Contractors OFCCP Retaliation Wage and Hour Wages

Supreme Court Defines “Changing Clothes” to Include Steelworkers’ Donning and Doffing of Certain Protective Gear

On January 27, 2014, the United States Supreme Court unanimously affirmed a decision by the U.S. Court of Appeals for the Seventh Circuit holding that steelworkers’ donning and doffing of certain items of required protective...more

1/29/2014 - Collective Bargaining FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Workplace Attire

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

1/29/2014 - Affiliates COFC Defense Logistics Agency Department of Defense Federal Acquisition Regulations Federal Contractors Fraud and Abuse Suspensions & Debarments U.S. Navy

Second Circuit Says that Overtime Claims Lacking Specificity Fail

On August 5, 2013, the U.S. Court of Appeals for the Second Circuit issued its third opinion since May of this year in Dejesus v. HF management Services, LLC, affirming the dismissal of Fair Labor Standards Act (FLSA) claims...more

8/9/2013 - Evidence FLSA Lack of Specificity Motion to Dismiss Over-Time Wage and Hour Wages

Legal Alert: Supreme Court Provides Two Decisive Victories for Employers in Title VII Cases

On June 24, 2013, a divided U.S. Supreme Court issued much-anticipated decisions in two Title VII cases in which the Court provided some needed certainty and relief to employers on the front lines of employment litigation. In...more

6/26/2013 - But For Causation EEOC Harassment Nassar Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University Vicarious Liability

Legal Alert: Hire Unpaid Interns at Your Peril

While Vince Vaughn and Owen Wilson have recently brought some attention to the internship position by comically portraying the life of Google interns in the movie The Internship, the U.S. District Court for the Southern...more

6/20/2013 - DOL FLSA Fox Searchlight Pictures Internships Minimum Wage Unpaid Interns Wages

Where Does Your State Stand on Non-Compete Agreements?

While non-compete agreements are fairly common in today’s business world, states treat them differently. For example, Virginia disfavors non-compete agreements and will not enforce them unless they are narrowly tailored to...more

5/30/2013 - Contract Drafting Employment Contract New Legislation Non-Compete Agreements Restrictive Covenants

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