WASHINGTON, D.C. - Both written and verbal complaints are
allowed under the Fair Labor Standards Act (FLSA), the attorney representing a
former plastics company employee argued before the U.S. Supreme Court on October
13 ( Kevin Kasten v. Saint-Gobain Performance Plastics Corporation , No.
C. Burton & Igor M. Babichenko
On April 5, 2011, the Department of Labor ("DOL")
published a final rule  updating the regulations under
the Fair Labor Standards Act ("FLSA"). The final rule, which will take
effect on May 5, 2011, is particularly significant to...
In a significant employment law case, the Fourth Circuit ruled last Friday
that an employer may decline employment to a prospective employees due to her
having made FLSA charges against a previous employer. The case, decided 2-1
over a strong dissent from Judge King, is Dellinger v. Science Applications...
It seems like such an insignificant little case, but it's
really a can of exploding
An Illinois woman who was terminated
after she was caught working during her lunch period has won her claim for
unemployment. (The employer said that she was not terminated for working but
On January 3, 2012, in Pippins
v. KPMG LLP , 2012 U.S. Dist. LEXIS 949 (S.D.N.Y. Jan. 3, 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ],
U.S. District Judge Colleen McMahon issued an order conditionally certifying a
national collective action against KPMG LLP,...
In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen" under the Fair Labor Standards Act ...
Under the current version of the Fair Labor Standards Act (the "FLSA"), workers that provide companionship services, including home health care workers, are exempt from wage and overtime compensation requirements (the "companionship exemption"). On December 15, 2011, the United States...
by John E. Thompson
In thinking-through and implementing their recovery plans
in the wake of Hurricane Sandy, employers will want to review our August post summarizing a number of federal Fair Labor Standards
Act issues that typically arise following a natural disaster.
Readers will recall our...
Employers have used employment agreements to attempt to control the when and where of actions brought by employees. The courts have been receptive to the waiver of the right to sue in court where the forum provided, usually arbitration, is procedurally fair and provides the employee with safeguards....
Last week, a divided Sixth Circuit panel determined that "volunteer" firefighters who receive $15 per hour are employees for purposes of federal employment laws. Mendel v. City of Gibraltar , __ F3d __, 2013 U.S. App. LEXIS 16922 (6th Cir, Aug 15, 2013) [ an enhanced version of this opinion...
by Keisha N. Jackson
Riddle me (you) this: A salaried employee has worked for your company for just two weeks. He gets sick and misses one full day of work. He has accrued a small number of hours in his leave bank but not enough to cover the whole day. Are you obligated to pay the employee for the...
When you think of minor league baseball, you may draw on movies like Bull Durham or The Rookie ; long bus trips from stadium to stadium where teams play in front of small crowds for small pay.
Well, apparently, the pay may be small enough to trigger a violation of the Fair Labor Standards Act