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Wage and Hour › Summary Judgment › Statute of Limitations

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

Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful

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

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

Parker Poe Adams & Bernstein LLP

Passage of Time Defeats North Carolina Employer Retaliation Claim

Parker Poe Adams & Bernstein LLP on

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

Payne & Fears on

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

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

Fifth Circuit Holds Directional Drillers Are Independent Contractors

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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

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