In a recent win for employers, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit highlighted how companies can use “incorporation by reference” to enforce arbitration agreements against workers who did...more
9/12/2025
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Corporate Counsel ,
Dispute Resolution ,
Employment Contract ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Non-Signatories ,
Pre-Dispute Arbitration
The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more
7/28/2025
/ Appeals ,
Corporate Counsel ,
Damages ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Healthcare ,
Independent Contractors ,
Labor Regulations ,
Liquidated Damages ,
Misclassification ,
Over-Time ,
Penalties ,
Wage and Hour
On April 1, a U.S. appeals court showed that the salary basis requirement is alive and well, regardless of how highly compensated an employee might be. The decision is a reminder to businesses that simply paying a guaranteed...more
4/4/2025
/ Appeals ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour
A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more
2/20/2025
/ Appeals ,
Appellate Courts ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Recordkeeping Requirements ,
Summary Judgment ,
Wage and Hour