On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more
A Pennsylvania battery manufacturer has the dubious distinction of being ordered to pay the largest jury verdict ever awarded to the Department of Labor under the Fair Labor Standards Act - a cool $22 million for failing to...more
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more
In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more
In recent years, a number of collective action wage and hour disputes involving the donning and doffing of protective work clothing have made their way through the courts. And in many of those cases, the employers have been...more
A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more
In its 2011 Dukes decision, the U.S. Supreme Court limited the circumstances under which groups of employees can maintain class action claims relating to their employment. In that case, the Court concluded that Wal-Mart...more
On November 10, 2015, the United States Supreme Court heard argument in Tyson Foods v. Bouphakeo, a case that has the potential to reshape the contours of when employees may bring class claims against their employer. Tyson is...more
In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action...more
A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more
Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour...more