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Appeals › Summary Judgment › Unpaid Overtime

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. ...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

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Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

McAfee & Taft

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

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Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Bradley Arant Boult Cummings LLP

Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSA

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Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Proskauer - Law and the Workplace

Second Circuit, Relying on SCOTUS Instruction, Rejects "Narrow Construction" Principle for FLSA Exemptions

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In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed...more

Littler

Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA...

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The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter. The...more

Littler

Supreme Court Denies Further Stay of Department of Labor's Home Care Rule; Effective Date is Imminent

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On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Department of Labor’s (DOL) Home Care Rule and reversed the lower court’s decisions vacating the new rule. On October 6, 2015, the U.S....more

Baker Donelson

Eleventh Circuit Rejects Equitable Defenses to FLSA Claim Where Employer Aware of Underreported Hours

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The United States Court of Appeals for the Eleventh Circuit recently held that an employer that has knowledge that an employee underreported his hours cannot assert equitable defenses based on the employee’s own conduct as a...more

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