News & Analysis as of

Fair Labor Standards Act (FLSA) Age Discrimination

Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

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On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Littler

Littler Lightbulb – July Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Jackson Lewis P.C.

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

Jackson Lewis P.C. on

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act...more

Jackson Lewis P.C.

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

Jackson Lewis P.C. on

In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

Seyfarth Shaw LLP

Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age...more

Fox Rothschild LLP

Employees Working In Slaughterhouse Settle FLSA Overtime Case: When Will Employers Learn?

Fox Rothschild LLP on

It is amazing to me that employers still do not understand that there exists an inviolate obligation on their parts to pay proper overtime. It is not proper for an employer to believe that if it treats its employees “well,”...more

Fox Rothschild LLP

Be Careful When Submitting FLSA Settlement Documents To The Court: Confidentiality And General Release Clauses Are Taboo!

Fox Rothschild LLP on

I have settled numerous FLSA cases and note that there are many elements that management-side lawyers always want to see in such a document. One is a confidentiality provision as we do not want the employee “shooting his...more

Constangy, Brooks, Smith & Prophete, LLP

They May Regret This decision.

The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more

Greenberg Glusker LLP

In Other News, a Non-Coronavirus Mid-Year Update for Employers

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The DFEH Finally Publishes its Free Sexual Harassment Training Materials for Non-Supervisory Employees - As we first discussed in a client alert in late 2018, California passed legislation for 2019 requiring that all...more

Seyfarth Shaw LLP

Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more

BakerHostetler

Tennessee District Court Conditionally Certifies ADEA Collective Action

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Connecting the dots will likely be a problem down the road . . . The overwhelming majority of employment class or collective actions today are wage and hour matters....more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2019

First Circuit: Age May Be Just a Number - Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous...more

Steptoe & Johnson PLLC

Recent Supreme Court Decision Interprets ADEA to Cover State and Local Governments of Any Size

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On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more

FordHarrison

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

FordHarrison on

The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Obermayer Rebmann Maxwell & Hippel LLP

The Supreme Court Rules that the Age Discrimination in Employment Act Applies to Small Government Employers

The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more

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

Beltway Buzz - June, 2018 #5

Kennedy Steps Down. In a week of significant political developments, perhaps the most significant was Supreme Court Justice Anthony Kennedy’s June 27 announcement that he is resigning effective July 31, 2018. The vacancy...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Hinshaw & Culbertson LLP

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit...more

Maynard Nexsen

2017 Employment and Labor Law Final Exam Answer Key

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Thank you to everyone who participated in Nexsen Pruet’s 2017 Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to our winners for being selected from the pool of perfect...more

Proskauer - California Employment Law

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Zelle  LLP

Employment Law Navigator – Week in Review: April 2017 #4

Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Constangy, Brooks, Smith & Prophete, LLP

Queen For A Day: If I Ran The World, Would I Scrap Our Employment Laws?

For those of you who don’t know Mr. Olson, he’s a libertarian. :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Allows Award of Compensatory Damages for FLSA Overtime Violation

In its December Vaughn decision, the Fifth Circuit Court of Appeals concluded that plaintiffs in age discrimination cases may not collect compensatory or punitive damages. The court based its decision on its interpretation of...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

Last month, the Fifth Circuit Court of Appeals confirmed its earlier position that compensatory and punitive damages are not available to plaintiffs who allege violation of the Age Discrimination in Employment Act (ADEA)....more

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