On July 11, 2024, the United States Court of Appeals for the Seventh Circuit issued its highly anticipated decision in Consumer Financial Protection Bureau v. Townstone Financial, Inc., et al. In this pivotal decision, the...more
So, the union has an agreement with the company’s management that only those on their predetermined qualification list can be selected for a job. Would that list, or at least the administrative arm for that list, be...more
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more
10/19/2021
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Wage and Hour
Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum...more
2/12/2019
/ Appeals ,
Dismissals ,
Fourteenth Amendment ,
Governor Bentley ,
Local Ordinance ,
Minimum Wage ,
Preemption ,
Race Discrimination ,
Reversal ,
State and Local Government ,
State Labor Laws ,
Vacated ,
Wage and Hour
What if your employee plaintiff sues you and then demands to take the deposition of your company CEO or some other high-level corporate executive who has no personal knowledge about the facts of the case? No one would be...more
10/19/2018
/ Apex Doctrine ,
Appeals ,
CEOs ,
Corporate Executives ,
Depositions ,
Discovery ,
Motion to Compel ,
Personal Knowledge ,
Reversal ,
Witness Statements ,
Workplace Injury
Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more
4/20/2018
/ Appeals ,
Covered Employer ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Religious Institutions ,
Restaurant Industry ,
Reversal ,
Threshold Requirements ,
Volunteers ,
Wage and Hour
President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more
1/23/2017
/ Adverse Employment Action ,
Age Discrimination ,
Appeals ,
Discovery ,
Equal Employment Opportunity Commission (EEOC) ,
Judicial Appointments ,
McLane Co. v EEOC ,
Motions to Quash ,
Physical Work Test ,
SCOTUS ,
Split of Authority ,
Standard of Review ,
Subpoenas ,
Supreme Court Justices ,
Title VII ,
Trump Administration ,
Unduly Burdensome
An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more
9/27/2016
/ Appeals ,
AT&T ,
Corporate Counsel ,
DirectTV ,
Grievance Process ,
Hiring & Firing ,
Labor Disputes ,
News Stories ,
NLRB ,
Protected Concerted Activity ,
Reputational Injury ,
Subjective Standard ,
Unfair Labor Practices ,
Wrongful Termination