News & Analysis as of

Damages Fair Labor Standards Act (FLSA) Wage and Hour

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

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

Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

Whiteford on

Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

McGuireWoods LLP on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Benesch

DOL Curtails Practice Of Seeking Double Damages From Employers In Wage Investigations

Benesch on

The U.S. Department of Labor (“DOL”) has issued new guidance restricting when the government can seek liquidated damages, which double the amount owed by employers, to settle overtime and minimum wage investigations prior to...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Disallows Blended Hourly Rate That Does Not Take Into Account Overtime Hours Worked

In some situations, developing a creative approach toward overtime pay can cost the employer more than if it had simply paid time and one-half overtime in the first place. On February 8, the Fourth Circuit Court of Appeals...more

Jaburg Wilk

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

Jaburg Wilk on

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

McAfee & Taft

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

McAfee & Taft on

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

Zelle  LLP

The Risky Business of Wage & Hour

Zelle LLP on

Wage and hour laws are complicated. They have lots of parts and sub-parts, and there are differences from state to state. Even the most sophisticated employers have compliance challenges. Smaller employers sometimes ignore...more

Pullman & Comley - Labor, Employment and...

New Haven Firefighters Sue Over Overtime Miscalculation

On September 1, 2015, a total of 174 current and former firefighters filed a lawsuit against the City of New Haven (the “City”) seeking, among other things, back pay, liquidated damages, interest and attorney’s fees. The...more

Seyfarth Shaw LLP

Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

Seyfarth Shaw LLP on

It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more

Zelle  LLP

That is SO last week - August 2015 #5

Zelle LLP on

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Seyfarth Shaw LLP

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

Seyfarth Shaw LLP on

Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

Seyfarth Shaw LLP

Game Changer? The Supreme Court Agrees to Consider Standards for Certifying FLSA Collective Actions and State Law Class Actions

Seyfarth Shaw LLP on

The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour...more

BakerHostetler

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

Seyfarth Shaw LLP

Court Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action

Seyfarth Shaw LLP on

As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...more

Jaburg Wilk

9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

Jaburg Wilk on

Wage and hour law is complex. Compliance is challenging, and although a company may have systems and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all...more

NAVEX

Wage and Hour Training ROI: Building a Good Faith Defense and Limiting Damages

NAVEX on

In the compliance training world, hard ROI (Return on Investment) information is hard to come by. So many variables impact the analysis, and determining whether or not training has actually saved an employer money can take...more

Polsinelli

An Officer And An Affirmation: Eighth Circuit Finds Officers Failed To Prove Damages In FLSA Claims

Polsinelli on

The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more

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