FLSA

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

by Christopher M. Trebilcock | Miller Canfield on 5/17/2013

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more

Federal Rule 68 and FLSA Collective Actions

by Eric Holshouser, Katie Kelly | Fowler White Boggs P.A. on 5/17/2013

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

Insights - Spring 2013: Developing Federal Common Law of Successor Liability

by Regina Joseph | Shumaker, Loop & Kendrick, LLP on 5/17/2013

When a purchaser acquires substantially all the assets of a seller, the purchase agreement typically provides that the purchaser does not assume seller’s liabilities except to the limited extent specifically set forth...more

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

by Tracey Holmes Donesky, Kristin Berger Parker | Leonard, Street and Deinard on 5/16/2013

Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more

Employers Must Notify Employees of the Availability of Health Insurance Exchanges - Employers Can Use Model Notices Issued by the...

by Allison De Tal, Isabel Safie, John Wahlin | Best Best & Krieger LLP on 5/16/2013

The Patient Protection and Affordable Care Act added Section 18B to the Fair Labor Standards Act (FLSA), requiring employers to give notice to employees of the coverage options available through state insurance exchanges....more

Health Care Reform Update: Employee Notice Requirements

by Colleen Lamarre, Sarah Ranni | Phillips Lytle LLP on 5/16/2013

The United States Department of Labor (DOL) has issued long-awaited guidance on the health insurance exchange notice requirement that applies under the Patient Protection and Affordable Care Act (PPACA). Generally, PPACA...more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

Man-to-Man Defense Clears Court: Early Judgment Offers Will Satisfy Named Plaintiff's Claims…For Now

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

In its recent decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court aided employer efforts to "pick off" named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards Act...more

Stop Kiddin' Around: WHD Expanding FLSA Initiative in Louisiana Child Care Industry

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

The U.S. Department of Labor's Wage and Hour Division (WHD) is expanding its multi-year Fair Labor Standards Act (FLSA) enforcement initiative in Louisiana's child care industry from northern Louisiana to the southwestern and...more

Model Notice of Exchanges Issued with New October 1, 2013 Deadline

by Stephanie Smithey | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/15/2013

The U.S. Department of Labor (DOL) issued Technical Release 2013-02 on May 8, 2013, providing temporary guidance and model notices that will allow employers to comply with another new requirement imposed by the Affordable...more

Legal Alert: Notice Of Health Exchange Coverage Options Guidance Released

by Tiffany D. Downs, Scott V. Wagner | FordHarrison on 5/14/2013

The Affordable Care Act added section 18B to the Fair Labor Standards Act (FLSA), which requires certain employers to send out notices to employees regarding the availability of the state-based Health Insurance Exchanges...more

Model Notices of Health Insurance Options – Employers Must Distribute by October 1, 2013

by Howard Clemons | Pillsbury Winthrop Shaw Pittman LLP on 5/14/2013

The U.S. Department of Labor has issued model notices for informing existing employees and new hires of health coverage options which will be available through the new marketplace of state and federally supported health...more

Will Comp Time Become A Reality For The Private Sector?

by Staci Ketay Rotman | Franczek Radelet P.C. on 5/13/2013

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

Ways to Help Business Internship Partners Avoid DOL Pitfalls

by Shannon O'Guin | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2013

Many colleges and universities require some kind of practical, hands-on experience as a part of their curriculum. Employers and schools alike place a premium on real world experience that cannot always be gained from sitting...more

To Pay or Not to Pay? The Test for the Unpaid Intern

by David Dubberly | Nexsen Pruet, PLLC on 5/9/2013

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more

Employee Tip Pools: Dive In With Caution

by Adam Santucci | McNees Wallace & Nurick LLC on 5/9/2013

For those employers who employ “tipped employees,” i.e., employees who generally receive $30 or more per week in tips, a tip pooling arrangement may have some appeal. After all, such arrangements allow for an equitable...more

Liquor Law Update -- May 2013

by Barbara Darkes, Brian Gregg, Adam Santucci | McNees Wallace & Nurick LLC on 5/8/2013

In This Issue: Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer Excerpt from Employee Tip Pools: Dive In With...more

Quick Quiz: Day-Rate Pay Plans

by John E. Thompson | Fisher & Phillips LLP on 5/8/2013

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more

Restaurant Industry Newsletter - May 2013: Would You Like Fries, or a Collective Action Overtime Lawsuit, With That Burger?

by Andrew Tanick | FordHarrison on 5/8/2013

A number of well-known restaurant chains have been hit with lawsuits over the last few years alleging that their exempt managers or assistant managers were indeed non-exempt and therefore should have been paid overtime. ...more

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