FLSA Lawsuit Filed by H-2B Carnival Workers

"LAS-ELC and Centro de los Derechos del Migrante (Center for Migrant Rights, or CDM) served Butler Amusements, Inc., a California registered business and the largest carnival company in the western U.S., with a lawsuit that was filed in federal court last month for violations of state and federal...

Steptoe & Johnson PLLC: Overtime Issues Troubling the Energy Sector

By Lindsay M. Bouffard As a result of the expansion of oil and gas activities in the region and the increasing jobs associated with the expansion, the Department of Labor has been stepping up its enforcement initiative for oil and gas companies and related businesses. Because of this, it has become...

Must Employers Pay Salaried Workers for Time Not Worked Under the FLSA?

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...

CA9 on FLSA, H-2A, Nevada: Rivera v. Peri & Sons Farms, Inc.

"In the face of regulatory ambiguity, the DOL’s determination that inbound travel and immigration expenses primarily benefit H-2A employers was reasonable. There is no reason to think that the DOL’s determination was not a product of its considered judgment. Although the DOL briefly...

Steptoe & Johnson PLLC: Employers Can't Shorten the Statute of Limitations for FLSA and EPA Claims

By Lindsay M. Bouffard Observant employers who have taken note of the Department of Labor’s increasing enforcement activity in the oil and gas industry may be looking for creative ways to limit their liability. However, a recent Sixth Circuit case makes it clear that trying to shorten employees’...

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...

Restaurant Asks Supreme Court to Rubber-Stamp Slave Wages

"A Kansas City, Mo., restaurant has asked the U.S. Supreme Court to determine whether immigrants living in the country illegally can recover overtime and minimum wage under federal employment law, in a case involving admitted noncitizen Guatemalan workers who say they weren’t properly compensated...

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...

DOL Wage & Hour Investigates Extortion Against Immigrants in Florida

"Given the facts that the Wage and Hour Division has preliminary established during its investigation of the employer, there is reason to believe that Mr. Barreno, and others like him, were victims of witness tampering under 18 U.S.c. Section 1512 and of extortion under Florida Statute 836.05. ...

Roofing Company Pays $230K For H-2B, FLSA Violations

"The U.S. Department of Labor obtained a consent judgment from the U.S. District Court of Colorado that ordered Superior Roofing Inc. to pay $143,000 in back wages to 343 workers for unpaid minimum wage and overtime due under the Fair Labor Standards Act. In addition, the court entered an injunction...

Three Minor Leaguers Claim Major League Baseball Violated the Fair Labor Standards Act

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 As...

Former McDonald's Franchisee Settles With DOL for $211K in FLSA, J-1 Summer Work Case

"Former McDonald's franchisee Cheung Enterprises LLC and president Andrew Cheung, based in Middletown, have agreed to pay $205,977 in back wages and liquidated damages to 291 employees, including 178 foreign student workers hired under the U.S. State Department's J-1 visa program. An investigation...

What Is It Exactly That President Obama Wants to Do to the FLSA?

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...

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...

Using Jailed Migrants as a Pool of Cheap Labor

"As the federal government cracks down on immigrants in the country illegally and forbids businesses to hire them, it is relying on tens of thousands of those immigrants each year to provide essential labor — usually for $1 a day or less — at the detention centers where they are held...

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers

LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL . The employees, reports Business Insider , are commissioned inside salespeople. Typically, inside salespeople are not exempt under...

"Jail 'Em" Says Pennsylvania Senator About Employers Who Misclassify

I've written here recently about the one-sided Criminalization of Employment Law . It seems that employees are getting tossed in jail while scofflaw employers sail off in their yachts laughing at the 99%. Well, at least one state Senator is doing something to balance things out. Senator Mike Stack...

Court of Claims: Late Payment of Overtime Wages Resulted in an FLSA Violation

by John E. Thompson A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: ♦ Failing to pay non-exempt employees the FLSA-required minimum-wage or overtime compensation by the next regular payday for...

Court "Certifies" Gawker Media Interns' Collective Action

by John E. Thompson After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential plaintiffs of the lawsuit and of the opportunity to...

Is This the End of the Independent Contractor As We Know It?

In Alexander v. FedEx Ground Package Sys. (8/27/14) , the 9th Circuit Court of Appeals concluded that FedEx’s delivery drivers are employees of the company, not independent contractors [an enhanced version of this opinion is available to lexis.com subscribers] . The opinion’s introductory...

Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws

by Lisa Lewis , Jonathan Sokolowski and Andrew Smith* Following New York City Mayor Bill De Blasio’s endorsement of an amendment to the New York City Human Rights Law (“NYCHRL”) extending the statute’s anti-discrimination and harassment protections to interns earlier this year...

Ninth Circuit Rules That Twombly Standard of Specificity Applies to FLSA Pleadings

by Gregg Fisch and Ryan Duffy On November 12, 2014, in Greg Landers v. Quality Communications Inc. [ an enhanced version of this opinion is available to lexis.com subscribers ], the Ninth Circuit clarified a previously unsettled point of law by confirming that Fair Labor Standards Act (FLSA) pleadings...

CA4 on Slavery (TVPA, FLSA) - Cruz v. Maypa

"Cruz alleges that she was forced to work for the defendants for wages well below the minimum from 2002 until her escape in 2008. The district court dismissed all of her claims as time-barred. We affirm the district court’s dismissal of Cruz’s state law claims, but we reverse the dismissal...

Will The President's Immigration Initiative Spur FLSA Claims?

Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that they have not been paid in compliance with the federal Fair Labor...