Litigation

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U.S. Supreme Court Makes It Easier To Sue Businesses
Posted on 23 Mar 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

AbbeySpanier LLP: Court Certifies Class Of Rite Aid Store Managers Under Rule 23
Posted on 27 Nov 2013 by Abbey Spanier

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... Read More

Lawsuits Alleging Violations Of FLSA At An All-Time High
Posted on 30 Jul 2012 by Kevin M. LaCroix

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... Read More

High Court Considers Whether Offer Of Judgment Moots Collective Action
Posted on 3 Dec 2012 by Joan Grossman

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... Read More

U.S. Supreme Court: Labor Complaints May Be Filed Orally
Posted on 23 Mar 2011 by Bajeerah LaCava

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... Read More

Shucks, Oysters are not Agriculture
Posted on 28 Nov 2016 by Gabriela Nolen

Guest workers who worked shucking oysters for a seafood company alleged that the company violated sections of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA). The company claimed that the AWPA did not protect workers who shucked oysters... Read More

U.S. High Court Hears Arguments In Appeal Over FLSA, Verbal Complaints
Posted on 13 Oct 2010 by Bajeerah LaCava

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.... Read More

Pharma Sales Reps Not Entitled To Overtime, Supreme Court Rules
Posted on 5 Jul 2012 by Kevin M. LaCroix

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... Read More

Ballard Spahr LLP: 11th Circuit Agrees Employees Can Waive FLSA Collective Action Rights
Posted on 1 Apr 2014 by Ballard Spahr LLP

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... Read More

Split U.S. Supreme Court Says Pharmaceutical Sales Reps Are Not Owed Overtime
Posted on 19 Jun 2012 by Bajeerah LaCava

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... Read More

U.S. Supreme Court: Time Spent Donning, Doffing Gear Is Not Compensable
Posted on 27 Jan 2014 by Bajeerah LaCava

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... Read More