WASHINGTON, D.C. - (Mealey's) The Fair Labor
Standards Act's anti-retaliation provision applies to complaints that are filed
orally and written, the U.S. Supreme Court majority ruled Mar. 22 ( Kevin
Kasten v. Saint-Gobain Performance Plastics Corporation , No. 09-834, U.S.
Sup.; See November...
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...
Do you employ outside salespeople (pharmaceutical reps,
for instance)? If so, then you are going to want to pay attention to what will
transpire at the U.S. Supreme Court next year.
Yesterday, the Court agreed to hear Christopher v. SmithKline Beecham . This case will
address two issues:
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 ...
Earlier this year, I engaged in a debate with plaintiff's attorney (and author of the excellent employee-side blog, Screw You Guys, I'm Going Home ) Donna Ballman over whether discrimination lawsuits are sins of commission or omission. I argued that most employers are well-intentioned, but sometimes...
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 Allen Ides
In Pruell v. Caritas Christi ,
678 F.3d 10, 2012 U.S. App. LEXIS 7859 (1st Cir. Apr. 18, 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ],
the First Circuit ruled that a complaint asserting violations of the Fair Labor
Standards Act ...
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...
WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an
amount representing alleged unpaid wages plus attorney fees, costs and
expenses under Federal Rule of Civil Procedure 68 to an employee who brought a
collective action under the Fair Labor Standards Act (FLSA) moots the
A little known provision of the Patient Protection and
Affordable Care Act (the Affordable Care Act) amended the Fair Labor Standards
Act (the FLSA) to require that employers provide all new hires and current employees
with written notice of a health benefit exchange (Exchange) established in
by Daniel D. Fassio
Though traditional class actions have long been barred
under the Fair Labor Standards Act, Congress provided within the statute a
provision allowing "collective actions." The provision provided a vehicle for
groups of employees with similar grievances to be represented...
What do fashion designer Norma Kamali, journalist Charlie
Rose, Elite Model Management Corporation, and the Hearst Corporation have in
common? All have been sued by former unpaid interns, claiming that their
unpaid status violated the Fair Labor Standards Act.
With the summer internship season...
Out of the millions of page-views this blog has received
over the six-years of its existence, the most popular post (by an almost
three-to-one margin over its closest competitor) is You should pay attention to this post if you have unpaid
interns . In that post, I discussed a lawsuit filed by two...
It's that time of year.
You're hiring summer interns and I'm shaving a spoked B
into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage
& hour mess .
See what I just did there?
Oh, you saw the lede and thought...
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...
I wrote about a really stupid case out of Texas where a federal court said that "lactation is not pregnancy, childbirth, or a related medical condition," and thus decided that "firing someone because of lactation or breast-pumping is not sex discrimination." I was irked, to say the...
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...
by John E. Thompson
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
Readers will recall our posts about a similar USDOL notice published earlier this year. Both proposals...
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
So, by now, you've likely read the news, first reported on Wednesday night by The New York Times reporters Michael Shear and Steven Greenhouse that "Obama Will Seek Broad Expansion of Overtime Pay" .
Messrs. Shear and Greenhouse indicated that, yesterday, President Barack Obama was to...