The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.
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It has been said that the vast majority of movies coming out of Hollywood these days are “brainless.” Despite that (often accurate) description, there are always a handful of films that manage to squeak into theaters and earn...more
Employees, like a lot of people, complain. Work may be too hard, it may be too easy, and for many people work may never be quite right. As they say, the grass is always greener on the other side. But when does a passing...more
On March 15, 2013, the IRS issued a private letter ruling responding to a request for a determination of whether incentive awards paid to class representatives under a settlement agreement resolving a class action suit...more
Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more
Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more
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
As we’ve noted before, circuit court authority on collective action issues is relatively sparse. Although we like to comment on such cases, the most recent such opinion is in many respects a nonevent. ...more
In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more
On April 16, 2013, with Justice Clarence Thomas writing for a 5-4 majority, the U.S. Supreme Court ruled that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because...more
On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more
The FLSA establishes federal minimum-wage, maximum hour, and overtime guarantees that cannot be modified by contract. Section 16(b) of the FLSA gives employees the right to bring a private cause of action on their own behalf...more
A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more
In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class...more
Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment...more
No one likes to be sued. It may make you mad enough that you want to scream and holler on the Internet. There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation....more
On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States. Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate. With...more
The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more
In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification...more
Employers need to be aware of a new tool in the plaintiff’s employment lawyer’s arsenal: the Florida Minimum Wage Law (FMWL). Although Florida voters passed the law in 2004 as an amendment to Florida’s Constitution,...more
Introduction In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were...more
What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more
In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more
In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more
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