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
Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act.
In Richards v. Eli Lilly & Co., the U.S....more
8/13/2025
/ ADEA ,
Age Discrimination ,
Appellate Courts ,
Class Action ,
Collective Actions ,
Corporate Counsel ,
Discovery ,
Employment Discrimination ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Litigation Strategies ,
Notice Requirements
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
In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was...more
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
For years, litigation under the Fair Labor Standards Act has grown exponentially. In 2018 there were 8,824 FLSA lawsuits filed, in contrast with only 3,496 in 2008. A leading factor driving this trend is the near automatic...more
The U.S. Supreme Court will soon decide whether a supervisor who was paid a daily, rather than a weekly, rate and earned more than $200,000 a year is exempt from the overtime provisions of the federal Fair Labor Standards...more