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Fair Labor Standards Act (FLSA) Attorney-Client Privilege

Fox Rothschild LLP

FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!

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Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use the advice given...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 2023

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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 have been an unprecedented number of changes for the past few years — and this past...more

McGuireWoods LLP

FLSA Cases Raise Interesting Privilege Issues: Part II

McGuireWoods LLP on

Last week's Privilege Point described a case predictably holding that an FLSA defendant could not present defensive evidence at trial of the advice it received from its lawyer about plaintiff employee's classifications after...more

McGuireWoods LLP

FLSA Cases Raise Interesting Privilege Issues: Part I

McGuireWoods LLP on

Fair Labor Standards Act cases frequently involve privilege issues, in part because employers' treatment of employees' status and their treatment of compensation frequently (if not normally) implicate legal advice that those...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Fox Rothschild LLP

Disclosure Of Attorney Client Communications And The “Good Faith” Defense: You Can’t Have Your Cake And Eat It!

Fox Rothschild LLP on

Often, attorneys advise clients on FLSA issues, such as exemption issues. Then, a lawsuit ensues and the employer may want to use the defense that it relied in good faith on its attorney’s advice. The potential problem that...more

McGuireWoods LLP

May a Defendant Avoid an Implied Privilege Waiver by Withdrawing an "Advice of Counsel" Defense?

McGuireWoods LLP on

Because implied waivers do not involve actual disclosure of privileged communications, litigants triggering an implied waiver can sometimes change their position before it is too late. In Aboudara v. City of Santa Rosa,...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - September 2017

Conflict of Interest – Current Clients – Duty of Care with Respect to Unrelated Matters - Oakland Police & Fire Retirement System, et al. v. Mayer Brown, LLP, 861 F.3d 644 (7th Cir. 2017) - Risk Management Issue: Does a...more

Smith Anderson

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

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The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Miller & Martin PLLC

It's Time to Schedule a Wage and Hour Check-Up to Avoid Costly FLSA Lawsuits

Miller & Martin PLLC on

It's time to schedule your check-up -- your wage and hour check-up -- designed to try to prevent your company from becoming a defendant in a costly wage and hour lawsuit. Every year more wage and hour lawsuits are filed...more

Davis Wright Tremaine LLP

USDOL Accelerates Attack on Businesses Using Contract Service Providers

The U.S. Department of Labor has launched two major initiatives designed to encourage individual workers who are contract service providers to bring misclassification claims and lawsuits. According to the Department, “most...more

Bond Schoeneck & King PLLC

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more

Polsinelli

Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?

Polsinelli on

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

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