LexisNexis® Legal Newsroom
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...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

SCOTUS Returns to Unanswered Question from Symczyk

Remember the FLSA "pick-off" case? In Genesis Healthcare v. Symczyk, the Court held that if an FLSA collective action becomes moot as to the only plaintiff (before additional plaintiffs were added), then the entire claim becomes moot (and the case is dismissed) [ an enhanced version of this...

What is Retaliation in the Second Circuit Under the FLSA?

by Kevin Smith and Ryan Duffy On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc. that an internal oral complaint could be sufficient to demonstrate protected activity and form the basis for...

Unpaid Interns and the Fair Labor Standards Act

by Joseph U. Leonoro With the arrival of summer, many companies are hiring college and high school students to work as interns during summer break. Often, employers do not pay interns at all, or only pay them a stipend or other amount which is lower than the minimum wage. From an employer’s...

NY Restaurant Chain Denied Immigration Docs In FLSA Suit - Law360

Law360, July 8, 2015 - " Alice's Tea Cup LLC, a Manhattan cafe chain that has been sued by workers claiming they were stiffed on overtime pay, cannot obtain discovery of information related to the workers' immigration status or tax returns as part of its effort to defend against the wage...