Demystifying Wage and Hour Audits: One-on-One with Courtney McFate
New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Non-Disparagement Tips for Employers
Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
The Journey of Litigation
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Podcast - How Do You Define Success?
Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
Handling References and Referrals While Safeguarding Your Business
PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire
Your Guide to Dealing with Subpoenas Effectively
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Podcast - The Law as a Force for Change
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
The Changing Landscape of EEOC Enforcement and Disparate Impact
This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the...more
Artificial intelligence (AI) is rapidly automating the very tasks that once anchored white-collar exemptions under the federal Fair Labor Standards Act (FLSA) and comparable state laws. When algorithms screen résumés, rank...more
Meet Courtney McFate, a skilled employment litigator with a knack for balancing a wide range of compliance and business objectives. In this one-on-one interview, Courtney joins fellow Epstein Becker Green attorney George...more
This week, we dig into the U.S. Court of Appeals for the Seventh Circuit’s new Fair Labor Standards Act (FLSA) collective action notice standard, the U.S. Department of Labor’s (DOL’s) relaunched Payroll Audit Independent...more
The U.S. Court of Appeals for the Seventh Circuit has provided a new framework for district courts to apply when deciding whether to issue notice to potential plaintiffs of a pending collective action under the Fair Labor...more
In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more
The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more
Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more
Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more
This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more
A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more
A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more
The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...more
The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more
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
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
I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more
The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more
In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more
Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act....more
Earlier this year, the U.S. Department of Labor filed a lawsuit against a healthcare management company for alleged violations of the Fair Labor Standards Act. The lawsuit claimed that the company improperly deducted 30...more
The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers....more
New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...more
Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more