Off-Clock Work: "Flintstone" Laws in a "Buck Rogers" World

It seems like such an insignificant little case, but it's really a can of exploding snakes . 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 for her...

KPMG Audit Associates Win Conditional Class Certification in FLSA Action

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,...

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...

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay

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 ...

U.S. Supreme Court Decides Wage & Hour Case: Pharmaceutical Sales Personnel Not Entitled to Overtime Pay

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"...

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"...

Wage and Hour Suit Filings at 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...

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...

Will Home Care Workers Finally Get FLSA Protection?

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...

More Challenges From Hurricane Sandy: Wage-Hour Issues And Related Matters

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...

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...

The 6th Circuit and the FLSA: Shortening the Time to Sue

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....

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...

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...

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...

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...