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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The 2013 U.S. Supreme Court term features several employment law cases important to employers and human resource professionals, including the following significant pending cases...more
Given the plethora of recent changes in the employment law landscape, employers probably made reviewing compliance checklists a New Year’s resolution for 2013. From hiring employees, to training them, to auditing existing...more
In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...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
Publicity about whistleblower claims and recoveries continues to grab headlines. The recent confession by Lance Armstrong highlighted the blood doping allegations behind his seven Tour de France titles and on the...more
OSHA has released an interim final rule setting out procedures and time frames for responding to whistleblower complaints filed under the Affordable Care Act (ACA), which prohibits retaliation against workers who report...more
In Moore v. Appliance Direct, Inc.,* the plaintiffs brought retaliation claims under the Fair Labor Standards Act ("FLSA"). Although the plaintiffs won on their retaliation claim, they ultimately did not recover liquidated...more
Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more
The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more
The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages for a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used in claims for...more
Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits. Unlike suits for minimum wage or...more
On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more
The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more
An amicable phone call in which an employee asked her office manager why she had been clocked out 10 minutes early was not a protected activity that can trigger a retaliation claim under the Fair Labor Standards Act (FLSA), a...more
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