News & Analysis as of

Unpaid Overtime Wage and Hour Dismissals

Parker Poe Adams & Bernstein LLP

Second Circuit Upholds Retailer's Use of Fluctuating Workweek Pay Method

Employers faced with escalating employee overtime costs may consider implementing an alternative pay plan called the fluctuating workweek (FWW). In short, in return for paying a guaranteed salary to non-exempt employees, FWW...more

Lathrop GPM

The Franchise Memorandum - Issue 251

Lathrop GPM on

Court Dismisses Ostensible Agency Claim on Motion for Reconsideration - A federal court in California has granted a motion for reconsideration in light of recent Ninth Circuit precedent, reversing the district court’s...more

Laner Muchin, Ltd.

Court Rules That Police Officers Transporting, Loading, And Storing Equipment Is Not Compensable “Work”

Laner Muchin, Ltd. on

Last week, a federal judge in Chicago rejected the class action claims of Chicago Police Department (CPD) SWAT officers who sued the City for overtime pay for transporting, loading/unloading, and storing equipment that they...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Fisher Phillips

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

Cranfill Sumner LLP

Fourth Circuit Articulates New Standard for “Joint Employers”

Cranfill Sumner LLP on

Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely...more

Genova Burns LLC

Second Circuit Rules Court Approval or USDOL Supervision of Settlements Required in FLSA Suits

Genova Burns LLC on

On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more

Haight Brown & Bonesteel LLP

Employment Law Alert: Employee's Overtime Claim Fails Due to Lack of Facts

In Landers v. Quality Communications (9th Cir. 12-15890-1/26/15), the Court of Appeal affirmed the district court's order dismissing plaintiff's complaint pursuant to Rule 8 of the Federal Rules of Civil Procedure finding...more

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