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Category Archives: Fair Labor Standards Act (FLSA)

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Emergency Situations Can Create Wage and Hour Liability

Posted in Fair Labor Standards Act (FLSA), Off the Clock, Overtime, Wage and Hour Policies

With the hurricane hitting the East Coast and creating havoc for businesses trying to rebuild as quickly as possible, it is important to remember that there are no emergency exceptions to wage and hour laws.  When a company goes into crisis mode, it is important to maintain the normal safeguards and policies that ensure the… Continue Reading

Fifth Circuit Opens Door for Private FLSA Settlements

Posted in Department of Labor, Fair Labor Standards Act (FLSA), Off the Clock, Overtime

There has long been some uncertainty in the law over the validity of a private release of wage and hour claims under the Fair Labor Standards Act (FLSA).  Most Courts have required that a settlement be approved by the Department of Labor or a federal court to be valid.   The reason for such a harsh… Continue Reading

Recent Trial Victory Regarding Exempt Status of IT Professional

Posted in Fair Labor Standards Act (FLSA), Off the Clock, Overtime, Texas Law, Wage and Hour Policies

IT professionals are some of the more challenging employees to classify under the FLSA.  For example, the Computer Professional Exemption is highly technical and not friendly to lay people or juries.  The Administrative Exemption also may apply in some cases, however, there is very little legal authority outlining the exact nature of the computer related… Continue Reading

Supreme Court Urged to Limit Collective Actions Where Claim is Moot

Posted in Collective Actions, Fair Labor Standards Act (FLSA), Wage and Hour Policies

Often, an individual wage and hour claim involves minimal liability, and the real threat lies in the class or collective action.  Not surprisingly, employers would often prefer to pay the alleged unpaid wages owed to the plaintiff than face the cost and expense of a class action.  Once the claim is satisfied, the plaintiff’s claim… Continue Reading

Federal Courts Report Increase in FLSA Cases

Posted in Fair Labor Standards Act (FLSA), Wage and Hour Policies

Not surprisingly, the latest statistics from the Federal Judicial Caseload Statistics show another steep increase in the number of Fair Labor Standards Act (FLSA) cases filed in federal courts across the country. For the most recent reporting year ending March 31, 2011, 7,008 new FLSA cases were filed in federal courts – an increase of… Continue Reading

Arbitration Agreement Implemented After FLSA Litigation Deemed Unenforceable

Posted in Fair Labor Standards Act (FLSA), Wage and Hour Policies

A California federal judge ruled on March 8, 2012 that Nordstrom Inc.’s effort to compel arbitration in a putative class action alleging unpaid wages should be rejected.  District Judge Jeffrey Miller found that the employer rolled out a “Dispute Resolution Agreement” to employees two months after an earlier class action wage and hour suit had… Continue Reading

Does an Off the Clock Policy Insulate an Employer From a Lawsuit?

Posted in Fair Labor Standards Act (FLSA), Off the Clock, Uncategorized, Wage and Hour Policies

According to a federal judge in Illinois, the answer is “No.” The judge in Smith v. Family Video Movie Club Inc., N.D. Ill., No. 11-cv-1773 (2/22/12) granted certification of a collective action to a group of workers who contended they were required to work off the clock. The plaintiffs alleged they were discouraged from reporting… Continue Reading

Supreme Court Will Decide Whether Pharmaceutical Reps Should Be Paid Overtime

Posted in Department of Labor, Fair Labor Standards Act (FLSA), Outside Sales Exemption, Overtime

The Supreme Court has granted a petition for certiorari in a case heard by the Ninth Circuit concerning whether pharmaceutical drug sales representative are exempt from overtime under the Fair Labor Standards Act.  The Ninth Circuit held that the FLSA’s outside sales exemption barred overtime claims filed by a proposed class of sales representatives for GlaxoSmithKline… Continue Reading

Recent Congressional Hearings Spotlight More Aggressive DOL

Posted in Department of Labor, Fair Labor Standards Act (FLSA), Wage and Hour Policies

A few weeks ago, current and past administrators of the Department of Labor (DOL) testified before Congress regarding the agency’s ongoing enforcement efforts.  Ex-administrator Tammy McCutchen (2002-2004) had some harsh words for the policy direction taken by the current administration: “The Wage and Hour Division’s approach to enforcement has become increasingly punitive over the last three years… Continue Reading

Update on Retail Manager Overtime Suits

Posted in Collective Actions, Fair Labor Standards Act (FLSA), Uncategorized, White Collar Exemptions

One of the issues we are followig closely on this blog is the impact of the Dukes v. Wal-Mart case on wage and hour class/collective actions across the country, especially in the retail industry. In that regard, another case out of California shines some light on how the courts are perhaps making it harder for… Continue Reading

Federal Courts Still Disagree on Class Treatment of Retail Managers

Posted in Collective Actions, Fair Labor Standards Act (FLSA), Overtime

Now that the Supreme Court has weighed in on its views of large class actions in Dukes v. Wal Mart, lower courts are struggling with how to apply that same logic to the exploding number of collective actions filed under the Fair Labor Standards Act (FLSA).  A couple of recent cases involving retail and restaurant managers… Continue Reading

Are Social Workers “Learned Professionals?”

Posted in Fair Labor Standards Act (FLSA), Overtime, Wage and Hour Policies, White Collar Exemptions

One of the many gray areas in wage and hour law is determining whether a job is sufficiently “intellectual” as to warrant application of the professional exemption from overtime.  Lawyers, doctors and CPA’s easily meet the exemption, but other jobs, many of which require college degrees and extensive training, have been found lacking.  Most recently,… Continue Reading

Unusual Resume Stories Include Wage and Hour Item

Posted in Fair Labor Standards Act (FLSA), Wage and Hour Policies

This week, Career Builder announced its top 15 unusual resume stories, based on a survey of Human Resources professionals at over 2,600 companies.  A link to the story is here.  Not surprisingly, a wage and hour issue was included in the mix.  Specifically, one of the stories that made the top 15 list was an applicant who insisted… Continue Reading

4th Circuit Rules That Applicant Cannot Sue Prospective Employer for Retaliation

Posted in Fair Labor Standards Act (FLSA), Retaliation

Here are the facts – an applicant applies for a job and is given a conditional offer of employment.  Subsequently, the employer discovers that the applicant has filed a wage and hour suit against her prior employer and withdraws the job offer.  Is this retaliation? According to the U.S. Fourth Circuit Court of Appeals, the answer… Continue Reading