News & Analysis as of

Fair Labor Standards Act (FLSA) Federal Rules of Civil Procedure Department of Labor (DOL)

Tucker Arensberg, P.C.

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

Tucker Arensberg, P.C. on

The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the...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...

Ballard Spahr LLP on

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

Jackson Lewis P.C. on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Show & Tell: Second Circuit Holds FLSA Bars Private Settlements

Seyfarth Shaw LLP on

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

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