Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay...more
Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more
2/10/2022
/ Appeals ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Collective Actions ,
Dismissals ,
Due Process ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Fifth Amendment ,
Forum Shopping ,
Fourteenth Amendment ,
Non-Residents ,
Opt-In ,
Personal Jurisdiction ,
Specific Jurisdiction ,
Split of Authority ,
Wage and Hour
The application of a key Supreme Court decision remains an important issue for multi-state employers defending federal collective action wage and hour claims – but are we any closer to getting clarity on what remains a...more
Federal courts across the country have been split on the issue of whether a court can exercise personal jurisdiction over out-of-state plaintiffs who want to opt-in into a Fair Labor Standards Act (FLSA) collective action....more
In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd...more
12/16/2019
/ Appeals ,
Court Approval ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal Rules of Civil Procedure ,
Offer of Judgment ,
Over-Time ,
Reversal ,
Settlement Agreements ,
Wage and Hour