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
When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more
The Fifth Circuit’s recent decision in Crocker v. Navient Solutions is a stark reminder to for-profit student lenders and servicers that bankruptcy caselaw continues to evolve relating to discharge. In Crocker, the Fifth...more
11/5/2019
/ Chapter 7 ,
Class Action ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Lenders ,
Dischargeable Debts ,
Internal Revenue Code (IRC) ,
Loan Servicer ,
Payment Terms ,
Private Student Loans ,
Student Loans ,
Students
Could the Department of Labor (DOL) and Department of Education (DOE) possibly merge in the near future? President Trump thinks so and recently announced his desire to combine the two departments into a single federal agency...more
7/10/2018
/ Agency Consolidation ,
Class Action ,
Colleges ,
Department of Education ,
Department of Labor (DOL) ,
Educational Institutions ,
Employees ,
Legislative Agendas ,
Students ,
Trump Administration ,
Universities
Joining two other circuit courts, the 6th Circuit concluded that employers cannot take advantage of class action and collective action waivers as part of employment arbitration agreements....more
Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more
11/22/2016
/ Affordable Care Act ,
Arbitration ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
DACA ,
Department of Labor (DOL) ,
E-Verify ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Federal Contractors ,
Federal Vacancies Reform Act ,
Form I-9 ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
Judicial Appointments ,
Labor Law Violations ,
LGBTQ ,
Marriage Equality ,
NLRA ,
NLRB ,
Obama Administration ,
OSHA ,
Parental Leave ,
Persuader Rules ,
Protected Class ,
Restroom Legislation ,
Right of First Refusal ,
Same-Sex Marriage ,
Sexual Orientation ,
Sick Leave ,
Transgender ,
Trump Administration ,
Unions ,
USCIS
In the eyes of at least one Federal court, loan underwriting is not mechanical; it requires discretion and independent judgment. That point was a key factor in the Sixth Circuit Court of Appeals’ recent affirmance in Lutz v....more