U.S. High Court Hears Arguments In Appeal Over FLSA, Verbal Complaints

WASHINGTON, D.C. - (Mealey's) 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 Oct. 13 ( Kevin Kasten v. Saint-Gobain Performance Plastics Corporation , No...

Standards For Appointing Class Counsel Under Rule 23(g)

Sheinberg v. Sorensen (606 F.3d 130, 2010 U.S. App. LEXIS 10922 [3d Cir. May 28, 2010]) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] explores the relationship between Federal Rule of Civil Procedure Section 23(g), concerning appointment...

R. Scott Oswald Elected President Of MWELA

WASHINGTON, D.C. - R. Scott Oswald , managing principal of The Employment Law Group law firm, has been elected to serve as the 2011-2012 president of the Metropolitan Washington Employment Lawyers Association (MWELA). MWELA is the 300-lawyer Washington, D.C., metropolitan area affiliate of the National...

U.S. Supreme Court Makes It Easier To Sue Businesses

WASHINGTON, D.C. - (AP) The Supreme Court made it easier to haul businesses into court on Tuesday, ruling that investors can sue them for purposefully withholding damaging information about a product and that employees can sue them for retaliation without having to make a written complaint. The court...

U.S. Supreme Court: Labor Complaints May Be Filed Orally

WASHINGTON, D.C. - (Mealey's) The Fair Labor Standards Act's (FLSA) anti-retaliation provision applies to complaints that are filed orally and written, the U.S. Supreme Court majority ruled March 22 ( Kevin Kasten v. Saint-Gobain Performance Plastics Corporation , No. 09-834, U.S. Sup.). ...

U.S. Supreme Court Hears Arguments On Overtime For Pharmaceutical Reps

WASHINGTON, D.C. - (Mealey's) Pharmaceutical sales representatives, or "detailers," "tout" drugs to doctors but do not actually engage in sales as defined in the Fair Labor Standards Act (FLSA) and thus are entitled to overtime pay, an attorney representing a class of sales representatives...

Split U.S. Supreme Court Says Pharmaceutical Sales Reps Are Not Owed Overtime

WASHINGTON, D.C. - (Mealey's) A pharmaceutical sales representative, or detailer, falls under the U.S. Department of Labor's (DOL) definition of an "outside salesman" and is not owed overtime compensation, a split U.S. Supreme Court ruled June 18, rejecting the DOL's interpretation...

Pharma Sales Reps Not Entitled To Overtime, Supreme Court Rules

On June 18, 2012, in an opinion written by Justice Samuel Alito for a 5-4 majority, the U.S. Supreme Court held that pharmaceutical sales representatives are not entitled to overtime pay. The question before the Court was whether or not the sales reps were employed "in the capacity as outside salesmen"...

Lawsuits Alleging Violations Of FLSA At An All-Time High

Lawsuits alleging violations of the Fair Labor Standards Act (FLSA) were at an all-time high for the year ending on March 31, 2012, according to a recent law firm study. Moreover, the wage and hour suits are up nearly 350 percent from the equivalent period ten years prior. According to the U.S. Department...

High Court Considers Whether Offer Of Judgment Moots Collective Action

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 collective...

2nd Circuit Enforces FLSA Class Action Waiver

Earlier this summer when the U.S. Supreme Court issued its opinion in Italian Colors v. American Express , in which the Court enforced a class action waiver in an arbitration agreement to compel the claimants to arbitrate their antitrust claims, the decision seemed likely to have widespread impact even...

AbbeySpanier LLP: Court Certifies Class Of Rite Aid Store Managers Under Rule 23

A former Rite Aid store manager filed a complaint in the Southern District of New York alleging that Rite Aid failed to pay its store managers overtime in violation of the Fair Labor Standards Act (the “FLSA”) and the New York Labor Law (the “NYLL). The plaintiff claimed that store...

Ballard Spahr LLP: 5th Circuit Rejects NLRB Ruling Invalidating Class Action Waivers In Arbitration Agreements

By Steven W. Suflas, Mark J. Levin and Erin K. Clarke On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to waive their rights...

Williams Mullen: In Rebuff To Labor Board, 5th Circuit Sustains Arbitration Agreements With Class Action Waivers

By David C. Burton , Beth Hirsch Berman and J. Nelson Wilkinson In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action waivers as...

U.S. Supreme Court: Time Spent Donning, Doffing Gear Is Not Compensable

WASHINGTON, D.C. — (Mealey’s) The time workers at United States Steel Corp. spend donning and doffing protective gear is not compensable under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled Jan. 27 ( Clifton Sandifer, et al. v. United States Steel Corporation , No. 12-417...

Ballard Spahr LLP: 11th Circuit Agrees Employees Can Waive FLSA Collective Action Rights

By Steven W. Suflas, Donna D. Page, and Mark J. Levin The U.S. Court of Appeals for the Eleventh Circuit has become the fifth appellate court to hand down a victory for employers in the fight over enforceability of class action waivers. The court ruled that an arbitration agreement that waives an...

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims

Last week, the Third Circuit issued a precedential decision holding that the federal common law standard for successor liability is applicable to claims brought under the Fair Labor Standards Act [ enhanced opinion available to lexis.com subscribers ]. The plaintiff filed a class and collective action...