News & Analysis as of

Wage and Hour Fair Labor Standards Act (FLSA) Statute of Limitations

FordHarrison

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

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The Virginia General Assembly is currently considering new legislation with substantial impact on Virginia businesses.  Two of these new bills are House Bill 2561 and Senate Bill 1052....more

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

Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful

On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. ...more

Fox Rothschild LLP

Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme

Fox Rothschild LLP on

I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will be dismissed in one court for one reason or another and then the...more

Jackson Lewis P.C.

Dismissal Without Prejudice of Named Plaintiff’s FLSA Claims Does Not Toll Limitations Period for Such Claims, Eleventh Circuit...

Jackson Lewis P.C. on

A named plaintiff who files a collective action for overtime pay under the Fair Labor Standards Act (FLSA), and whose individual claims are dismissed without prejudice because the district court lacks jurisdiction over the...more

Dickinson Wright

Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

Dickinson Wright on

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Jackson Lewis P.C.

Déjà Vu: Virginia Returns to FLSA Overtime Standards

Jackson Lewis P.C. on

Overtime standards in Virginia will return to federal standards beginning July 1, 2022. On July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, significantly deviating the state’s overtime pay laws from...more

Constangy, Brooks, Smith & Prophete, LLP

Virginia Is For Lovers . . . Of Overtime Litigation

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

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

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal...more

Jackson Lewis P.C.

Class Action Trends Report Spring 2021

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Seyfarth Shaw LLP

Second Circuit: Mere Allegation Of Willfulness Not Enough To Invoke Three-Year Statute Of Limitations

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim because the plaintiff failed to allege facts sufficient to invoke the three-year limitations period for willful...more

Fisher Phillips

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

Fisher Phillips on

The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

FordHarrison

Second Circuit Panel Adopts Seemingly Heightened Pleading Standard for Willfulness in FLSA Overtime Cases

FordHarrison on

Executive Summary: On April 27, 2021, a sharply divided panel of the U.S. Court of Appeals for the Second Circuit, covering New York, Vermont, and Connecticut, held that in Fair Labor Standards Act Overtime cases (FLSA), to...more

Bond Schoeneck & King PLLC

Dismissing Non-Willful Claims Under the FLSA – the Second Circuit Rules on an Issue of First Impression

Everybody knows that the statute of limitations for claims under the Fair Labor Standards Act (FLSA) is two years, unless the claim is for a willful FLSA violation, in which case the statute of limitations is three years....more

Jackson Lewis P.C.

FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds

Jackson Lewis P.C. on

Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations....more

Fox Rothschild LLP

In FLSA Claims, Second Circuit Tightens Pleading Standard To Extend Statute Of Limitations

Fox Rothschild LLP on

In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an...more

Davis Wright Tremaine LLP

New York Employment Legislation Update: What’s New for 2020

New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices...more

Fox Rothschild LLP

Third Circuit Examines FLSA ‘Willfulness’ Standard: ‘Reckless’ vs. ‘Egregious’

Fox Rothschild LLP on

The issue of willfulness is very important in FLSA cases because such a finding extends the statute of limitations from two years to three. The standards utilized in making these decisions have been established but their...more

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

Fifth Circuit Holds Directional Drillers Are Independent Contractors

The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Husch Blackwell LLP

Colorado Supreme Court Enforces Statute Of Limitation On Wage Claims

Husch Blackwell LLP on

The Colorado Supreme Court has confirmed what most employers had long assumed about the statute of limitation in the Colorado Wage Claim Act: Employees may seek unpaid wages going back two or three years, but no further. The...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Clarifies Only Two- or Three-Year Statute of Limitations Applies to Colorado Wage Claim Act Claims

Most On March 5, 2018, the Colorado Supreme Court issued a key ruling establishing that a terminated employee seeking to recover unpaid wages under the Colorado Wage Claim Act (“CWCA”) may pursue only those claims still...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Jackson Lewis P.C.

General Awareness Is Not Enough For Willfulness Under The FLSA

Jackson Lewis P.C. on

A recent decision from the Third Circuit Court of Appeals involving the nature of the evidence sufficient to create a jury question on willfulness has carved out additional guidance for employers defending against Fair Labor...more

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