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Fair Labor Standards Act (FLSA) Retaliation Employer Liability Issues

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

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Jackson Lewis P.C.

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

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Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

Epstein Becker & Green

U.S. Department of Labor Issues Field Assistance Bulletin on “Protecting Workers from Retaliation”

The Biden Administration continues to increase administrative agency enforcement initiatives....more

FordHarrison

EntertainHR: Top 10 Most Viewed Posts of 2021

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As 2021 winds down, our EntertainHR blog approaches its seven-year anniversary next month. Therefore, in homage of what not to do in the workplace (based on examples of from television, film, and other popular media) and in...more

Locke Lord LLP

Pharmacy Deliveries Remain Target for Independent Contractor Misclassification Claims: October 2021 News Update

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October was a relatively “slow” month for legal developments in the areas of independent contractor misclassification and compliance. But for companies that engage drivers to distribute pharmaceutical products, a nearly $12...more

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

McAfee & Taft

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

McAfee & Taft on

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Snell & Wilmer

Does Your Employee Handbook Have a Lactation Accommodation Policy?

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Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. This...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Flaster Greenberg PC

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

Flaster Greenberg PC on

Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Williams Mullen

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Fox Rothschild LLP

Retaliation Sometimes Follows FLSA Lawsuit Filing—It Shouldn’t!

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I am always telling clients who are sued in FLSA actions not to take any actions against employees who may still be working for them (which, admittedly, is not the case very often) because that will make things dramatically...more

BakerHostetler

"A to Z" of What California Employers Need to Know for 2018

BakerHostetler on

With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2018. Effective January 1, 2018, California’s Fair Pay Act will extend...more

Payne & Fears

[Webinar] Frequently Asked Employment-Related Questions and Answers Employers Need to Know - December 8th, 10:00am MT

Payne & Fears on

Every year our clients approach us seeking legal counsel and guidance on a wide range of employment-related issues. Some of these issues are unique to a particular industry; others are common to employers in general. As this...more

Fox Rothschild LLP

9th Circuit Lets Employee Sue Employer’s Lawyer For Retaliation

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There’s a saying that “Bad facts make bad law.” At least that’s the way I was taught it. A different version: “Hard cases make bad law” has its own Wikipedia entry. While the wording is different, the meaning is the same....more

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

Texas Court Finds Overtime Restrictions Could Be a Materially Adverse Employment Action in FLSA Retaliation Claim

The Texas Court of Appeals for the Fourteenth District recently reversed and remanded a judgment in favor of an employer on an employee’s claim of retaliation under the Fair Labor Standards Act (FLSA). The court found there...more

Zelle  LLP

The Retaliation Problem

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The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

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

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

McAfee & Taft

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

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The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

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