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Fair Labor Standards Act (FLSA) Damages

Bricker Graydon LLP

What You Missed This Summer in Higher Ed Athletics - The House Settlement and Johnson Ruling  

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This summer brought significant legal and administrative changes to college athletics, reshaping the landscape for the upcoming academic year. Key court rulings, including the landmark House v. NCAA settlement, have mandated...more

Holland & Hart - Employers' Lawyers

How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Negligence Not Grounds for Awarding Additional Year of FLSA Overtime Pay

Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more

McGlinchey Stafford

Is My Contract Specific Enough to be Enforceable? - McGlinchey Commercial Law Bulletin - May 26, 2023

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The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

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

Beltway Buzz - December 2022 #3

117th Congress Works on Last-Minute Bills as Holidays Loom. Nothing is more typical of the holiday season in Washington, D.C., than a last-minute legislative crisis in the U.S. Congress, and this year is no different. With...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor...more

Benesch

DOL Curtails Practice Of Seeking Double Damages From Employers In Wage Investigations

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The U.S. Department of Labor (“DOL”) has issued new guidance restricting when the government can seek liquidated damages, which double the amount owed by employers, to settle overtime and minimum wage investigations prior to...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Disallows Blended Hourly Rate That Does Not Take Into Account Overtime Hours Worked

In some situations, developing a creative approach toward overtime pay can cost the employer more than if it had simply paid time and one-half overtime in the first place. On February 8, the Fourth Circuit Court of Appeals...more

Alston & Bird

Class Action Roundup: Winter 2017

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Welcome to the latest edition of Class Action Roundup, covering the fourth quarter of 2016. As has been the case throughout the year, class actions continue to play a key role in courtrooms across the...more

Jaburg Wilk

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

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If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Sheppard Mullin Richter & Hampton LLP

Statistical Modeling in Class Actions: The U.S. Supreme Court Weighs in, Kind of

A U.S. Supreme Court decision expected to potentially change (or at least clarify) the rules on the hot-button issue of statistical modeling in class actions ended up turning much more on case law specific to the Fair Labor...more

McAfee & Taft

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

McAfee & Taft on

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Zelle  LLP

The Risky Business of Wage & Hour

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Wage and hour laws are complicated. They have lots of parts and sub-parts, and there are differences from state to state. Even the most sophisticated employers have compliance challenges. Smaller employers sometimes ignore...more

Pullman & Comley - Labor, Employment and...

New Haven Firefighters Sue Over Overtime Miscalculation

On September 1, 2015, a total of 174 current and former firefighters filed a lawsuit against the City of New Haven (the “City”) seeking, among other things, back pay, liquidated damages, interest and attorney’s fees. The...more

Seyfarth Shaw LLP

Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

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It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more

Zelle  LLP

That is SO last week - August 2015 #5

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That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Seyfarth Shaw LLP

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

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Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

Seyfarth Shaw LLP

Game Changer? The Supreme Court Agrees to Consider Standards for Certifying FLSA Collective Actions and State Law Class Actions

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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

BakerHostetler

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

Seyfarth Shaw LLP

Supreme Court to Weigh in on Trial By Formula

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Today, the U.S. Supreme Court agreed to hear an appeal challenging an almost $6 million judgment awarded in a class action case against Tyson Foods, Inc. See Bouaphakeo, et al. v. Tyson Foods, Inc., No, 12-3753 (8th Cir....more

Seyfarth Shaw LLP

Court Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action

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As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...more

Laner Muchin, Ltd.

Court Rules That Payment Of Overtime Wages Pursuant To A Department Of Labor Audit Does Not Preclude Affected Employees From...

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Obtaining a valid waiver of minimum wage or overtime claims under the Fair Labor Standards Act (FLSA) continues to be tricky. Section 216(c) of the FLSA requires that a valid waiver must be “supervised” by the U.S. Department...more

Jaburg Wilk

9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

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Wage and hour law is complex. Compliance is challenging, and although a company may have systems and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all...more

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