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Department of Labor (DOL) Federal Rules of Civil Procedure

ArentFox Schiff

Cross-Plan Offsetting: Recent Eighth Circuit Opinion Affirms Dismissal of Cross-Plan Offsetting Case Concluding Plaintiffs Did Not...

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In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by...more

Jackson Lewis P.C.

Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds

Jackson Lewis P.C. on

The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh...more

Ballard Spahr LLP

Federal Judge Says Judicial Approval for Individual FLSA Actions Increases Litigation Costs, Makes Settlement More Difficult and...

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Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after...more

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Burr & Forman

Construction & Real Estate E-Note - January 2021

Burr & Forman on

Resources - Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine - Florida courts have required the moving party to "conclusively disprove" the nonmovant's theory of the case in...more

Jackson Lewis P.C.

2020 Wage & Hour Developments: A Year In Review

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In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more

Pillsbury Winthrop Shaw Pittman LLP

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

Fox Rothschild LLP

FLSA Claims May Be Settled In Federal Court by Offer And Judgment Without Court Review Or Approval

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Parties may now settle federal wage and hour claims under the Fair Labor Standards Act (FLSA) without court review or approval by using the offer and judgment procedure set forth in Rule 68 of the Federal Rules of Civil...more

Proskauer Rose LLP

ERISA Newsletter - Second Quarter 2019

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Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2017

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Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

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

The Overtime Rule Litigation: The Action Continues While the DOL Appeals

Even though the preliminary injunction against implementation of the overtime rule granted by Judge Mazzant is on a fast track appeal in the Fifth Circuit, the activity in the trial court has not ended. Texas AFL-CIO...more

Seyfarth Shaw LLP

District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal

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Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to...more

Orrick - Employment Law and Litigation

Please Pass the Settlement: Second Circuit Widens Split Over Stipulated FLSA Dismissals

A recently filed petition for certiorari asks the U.S. Supreme Court to clarify the procedural requirements for ending private causes of action under the Fair Labor Standards Act (“FLSA”). Specifically, petitioner Dorian...more

Genova Burns LLC

Second Circuit Rules Court Approval or USDOL Supervision of Settlements Required in FLSA Suits

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On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more

Seyfarth Shaw LLP

Show & Tell: Second Circuit Holds FLSA Bars Private Settlements

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As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements. Some parties have responded to...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Allen Matkins

Court Finds Two State Agencies Are In Privity Despite Being Created By Separate Statutes

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The doctrine of collateral estoppel may seem to be a more fitting subject to a blog devoted to civil procedure than corporate law. However, the doctrine can have important ramifications in the corporate setting as I noted...more

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