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Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more

Avoiding Retaliation Claims Under the Family Medical Leave Act

In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to...

COVID-19 has augmented many challenges for employers. The most observable of these has been the necessity of avoiding congregating employees at the workplace. Unfortunately for employers, eliminating the requirement to work...more

Fifth Circuit Comprehensively Analyzes the Exemption for Highly Compensated Employees

In Smith v. Ochsner Health System, the United States Court of Appeals for the Fifth Circuit recently addressed comprehensively for the first time the appropriate analysis of the Fair Labor Standards Act’s “highly compensated...more

Independent Contractors Redux: Fifth Circuit Returns to Oil Patch to Address Independent Contractor Status Under the Fair Labor...

Overtime Pay in the Oil Patch - The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield service providers within...more

Declaration of (In)Dependence? New Department of Labor Guidelines on Lawful Classification of Workers as Independent Contractors

The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the...more

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