LexisNexis® Legal Newsroom
Volunteer Firefighters are Employees for Purposes of Federal Law, Sixth Circuit Holds

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...

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...

Court Says Lactation Is Related to Pregnancy, Refrains from Saying, "Duh"

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...

Court Says Lactation Is Related to Pregnancy, Refrains from Saying, "Duh"

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...

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...

Department of Labor’s "Right to Know" Initiative Apparently Expanded

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...

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...

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...

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...

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...

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...

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...

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

by John E. Thompson No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this happens, the new regulations are likely to: ♦...

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...

Classifying Employees as Exempt from Overtime May Become a Lot More Costly

This week, the Department of Labor announced proposed changes to the white-collar overtime exemptions under the Fair Labor Standards Act ("FLSA"). If enacted, these changes will significantly impact employers. To qualify as exempt from overtime under federal law, employees currently must be...

DOL’s New Overtime Rules – How Will The Proposed Regulations Impact Your Business?

by Michael B. Steele The speculation is over -- on June 30, 2015, the U.S. Department of Labor (DOL) published its long-awaited Notice of Proposed Rulemaking (NPRM) regarding overtime exemptions, after several missed release dates. The NPRM is in response to President Obama’s March 13, 2014...

60-Day Public Comment Period Commences On Proposed FLSA Overtime Exemption Rule Changes

by Marlene Nicolas , Rachel Tischler and Danielle Thompson* On Monday, July 6, 2015, in response to a March 2014 executive order signed by President Obama, the Department of Labor (“Department”) published a Notice of Proposed Rulemaking (“NPRM”) that will more than double the...

Evaluating the Impact of USDOL's Salary Proposal

by John E. Thompson The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption under the federal Fair Labor Standards Act's Section...