News & Analysis as of

Class Action Fair Labor Standards Act (FLSA) Minimum Wage

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Kohrman Jackson & Krantz LLP

Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions

The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Jackson Lewis P.C.

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

Jackson Lewis P.C. on

For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more

Fox Rothschild LLP

Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29...

Fox Rothschild LLP on

I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most well-intentioned employers sometimes will not...more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more

PilieroMazza PLLC

FLSA and Wage and Hour Issues for Restaurants

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Rumberger | Kirk

What Is Work? Why Onsite Managers Might Be Due Overtime Pay

Rumberger | Kirk on

The federal Fair Labor Standards Act (FLSA) is one of the oldest employment laws in the United States. Congress enacted the FLSA “in order to eliminate ‘labor conditions detrimental to the maintenance of the minimum standard...more

Jackson Lewis P.C.

Federal Judge Refuses To Dismiss Action Seeking To Classify Student-Athletes As Employees

Jackson Lewis P.C. on

A case that may signal the continued erosion of the amateur status of college student-athletes will continue as the action in Ralph “Trey” Johnson et al. v. NCAA has survived the defendants’ motion to dismiss the complaint...more

PilieroMazza PLLC

[Webinar] FLSA and Wage-and-Hour Issues for Restaurants - December 7th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Establishes New Standard For FLSA Collective Actions

Key Points - In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

ArentFox Schiff on

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

BakerHostetler

Florida District Court Denies Conditional Certification in ‘Tip Credit’ Case

BakerHostetler on

Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances...more

Parker Poe Adams & Bernstein LLP

Window Closing on FLSA Claims Based on 80/20 Rule

The U.S. Department of Labor is still working to finalize the withdrawal of the 80/20 rule, which had forced employers to pay the full minimum wage to employees who spend more than 20 percent of their time on non-tipped work....more

Buckingham, Doolittle & Burroughs, LLC

Minimum Wage and Overtime Law: The Most Overlooked Employment Issue of the 21st Century

The Fair Labor Standards Act regulates minimum wage and overtime due to employees. It was passed in the 1930s. It was largely forgotten until the late 1990s, when some entrepreneurial plaintiffs’ lawyers rediscovered the FLSA...more

K&L Gates LLP

Working Wise: Recent Supreme Court of Pennsylvania Ruling on Fluctuating Workweek Method of Calculating Overtime

K&L Gates LLP on

The Supreme Court of Pennsylvania recently held that the fluctuating workweek method of calculating overtime, which is permitted under the federal FLSA, is not permitted under Pennsylvania law. In this podcast, we will...more

Ballard Spahr LLP

NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits

Ballard Spahr LLP on

The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

Saul Ewing LLP

Courts Sanctions Defense for Ex-Parte Communications With Potential Class Members

Saul Ewing LLP on

On March 4, 2019, a federal court sanctioned a company for interviewing warehouse workers to obtain declarations in support of its opposition to an FLSA opt-in collective and PA Minimum Wage Act class action certification...more

Parker Poe Adams & Bernstein LLP

Full Ninth Circuit Defers to DOL's Interpretation of Payment for Non-Tipped Work

Employers in the hospitality industry continue to face class and collective action lawsuits based on alleged violations of minimum wage requirements for tipped workers. Most of this litigation involves interpretation of the...more

Obermayer Rebmann Maxwell & Hippel LLP

Class Action Settlement Reminds Restaurant Industry of the Notice Requirements for Paying Tipped Workers

The minimum wage requirements under the Fair Labor Standard Act (FLSA), as well as many state laws including Pennsylvania, allow tipped workers to be paid a lower hourly rate than non-tipped workers. However, those laws...more

Baker Donelson

How to Avoid Costly Improper Pay Practices: The $50 Million Question

Baker Donelson on

There are many questions, some of which can be very complex, that employers should evaluate in order to avoid potentially exorbitant costs associated with improper pay practices under the Fair Labor Standards Act (FLSA),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Baseball Players Strike Out on Minimum Wage in Federal Spending Legislation

Among the many provisions of the $1.3 trillion omnibus spending bill that Congress passed in March of 2018—buried on page 1,967—is an exemption for minor league baseball players from federal minimum wage protections. The Save...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

Jackson Lewis P.C.

Defining Who Is Part Of The FLSA Collective Action Party

Jackson Lewis P.C. on

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

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