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Watershed Fifth Circuit Opinion Raises Bar for FLSA Collective Actions

On January 12, 2021, the U.S. Fifth Circuit Court of Appeals issued a landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most Fair Labor Standards Act...more

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement...more

Yelp Reviewers Are Not “Employees”

In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit. On August 13, 2015, a federal judge...more

Department of Labor Announces Long-Awaited Increase in Salary Threshold for Exempt Employees

Yesterday, the Wage and Hour Division of the Department of Labor used its rulemaking authority to propose changes to existing overtime regulations that President Obama announced would make “up to five million more people...more

7/1/2015  /  Corporate Counsel
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