Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must...more
The Computer Fraud and Abuse Act (CFAA) is an anti-hacking statute making it illegal “to access a computer without authorization and to use such access to obtain or alter information in the computer that the accesser is not...more
Pennsylvania’s Emergency Management Services Code allows a governor, upon declaring a disaster emergency, to issue orders responding to that emergency. The power to issue such orders ends either when the governor decides the...more
The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators. These provisions, once rarely used, are taking on new life as government officials have...more
5/7/2021
/ Construction Project ,
Construction Workers ,
Contractors ,
Criminal Prosecution ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Labor Reform ,
Misclassification ,
Prevailing Wages ,
State Labor Laws ,
Wage and Hour
On June 26, 2020, Philadelphia became the first city in the United States to enact legislation specifically protecting workers who make complaints about workplace safety due to COVID-19....more
In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...more
1/23/2019
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Mortgage Loan Officer ,
Off-The-Clock ,
Over-Time ,
Reversal ,
Wage and Hour
On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law a bill that brings the Commonwealth’s law regarding payroll debit cards into the 21st century. The new legislation amends Pennsylvania’s Banking Code, and...more
In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a...more
In an opinion issued on July 23, 2015 in Sweet Street Desserts, Inc. v. Better Bakery, LLC, the United States District Court for the Eastern District of Pennsylvania underscored the need to think carefully before filing a...more
In M&G Polymers USA, LLC v. Tackett, the U.S. Supreme Court overturned three decades of precedent by the U.S. Court of Appeals for the Sixth Circuit, unanimously ruling that, when no specific provision in a...more
The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor...more