Fair Labor Standards Act Class Action

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.  less -
News & Analysis as of

Recent Settlement Of FLSA Collective Action A Reminder Of The Perils Of Outside Sales Exemption

A federal district court judge recently approved the final settlement of a lawsuit between a collective class of sales representatives and their employer regarding an alleged misclassification under the outside sales...more

Adopt an arbitration program that covers class, collective claims

In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor...more

Supreme Court Declines to Hear Appeal on Enforceability of FLSA Collective Action Waivers

Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with...more

U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive...

In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of...more

Employment Law - June 2014 #3

Employers Win, Lose in Latest California Supreme Court Opinion on Arbitration - Why it matters: The California Supreme Court continued its complicated relationship with employment agreements and arbitration on June 23...more

Second Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector...

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception...more

Tips to Help Avoid Class Action Litigation

Taking advantage of recent case law developments can assist financial institution employers in avoiding and/or minimizing their exposure to class and collective action litigation. For example, courts have become increasingly...more

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

School is Almost Out and Summer Interns are (Still) In

With the Memorial Day weekend approaching, many people are looking forward to hitting the beach, firing up the grill and polishing off their golf clubs, which are, for many Northeasterners, covered in cobwebs after this long...more

Eighth Circuit Affirms Summary Judgment On Overtime Claims For Class of Tax Professionals

Relatively few FLSA cases are certified and then reach a court of appeals on the merits, but that recently happened before the Eight Circuit. In Petroski v. H&R Block Enterprises, LLC, Case No. 13-2076 (8th Cir. May 2, 2014),...more

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

The GPMemorandum, Issue 180

In This Issue: - Franchisor Uses Uniform Domain-Name Dispute-Resolution Policy To Obtain Control Over Infringing Domain: A franchisor whose trademark was being infringed in a domain name recently obtained...more

Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the...more

Collective Action Waiver Client Alert

Recently, the U.S. Court of Appeals for the Eleventh Circuit upheld a class action waiver in an arbitration clause, compelling employees who had attempted to bring a collective action under the Fair Labor Standards Act to...more

Employment Law Newsletter - April 2014

In This Issue: - Fairfax Circuit Court Strikes Down Noncompete as Overbroad, Offering Yet Another Lesson for Employers - No WARNing of Bankruptcy? - Department of Labor Further Delays Publication of its Final...more

FLSA Class Action Case Against Dollar Tree Goes Forward

The Case - On March 7, 2014, Judge Raymond Jackson of the U.S. District Court for the Eastern District of Virginia denied Dollar Tree’s motion for de-certification of a Fair Labor Standards Act (FLSA) class action case...more

Eleventh Circuit Agrees Employees Can Waive FLSA Collective Action Rights

The U.S. Court of Appeals for the Eleventh Circuit has become the fifth appellate court to hand down a victory for employers in the fight over enforceability of class action waivers. The court ruled that an arbitration...more

Eleventh Circuit Upholds Enforceability Of Class Action Waiver

Executive Summary: The Eleventh Circuit recently held that an arbitration agreement that waives an employee's ability to bring a collective action under the Fair Labor Standards Act (FLSA) is enforceable under the Federal...more

SCOTUS Will Not Reconsider Fate Of Delaware’s Business Arbitrations; NLRB’s Class Action Arbitration Decision Loses Again

SCOTUS announced today that it would not review the Third Circuit’s decision in Strine v. Delaware Coalition for Open Government, Inc, holding that Delaware’s Chancery Court could not offer its judges’ services as neutral...more

Top 5 Legal Trends For Hospitality Employers

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014....more

Employment Flash - February 2014

In This Issue: - US Supreme Court Rules on Donning and Doffing Issue - NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver - Second Circuit Rules on Single Employer Liability Under the WARN...more

Another Win for FLSA Class Action Waiver

In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court. The...more

California District Court Rejects FLSA Settlement Due to 78% Fee Award

Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt. One impediment, however, to settlement in many cases is the amount of attorney fees. Particularly in smaller cases, or...more

The ERISA Litigation Newsletter - December 2013

This month we look at part two of our three part series on Class Actions. In part two, Robert Rachal, Page Griffin and Madeline Chimento Rea address Wal-Mart's Rule 23(b) principles, including some defenses to plaintiffs' use...more

More Rulings Coming on Legality of Intern Programs

In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more

115 Results
|
View per page
Page: of 5