News & Analysis as of

Fair Labor Standards Act (FLSA) Collective Actions Summary Judgment

Nelson Mullins Riley & Scarborough LLP

Seventh Circuit Adopts Middle-Ground Approach to FLSA Notice in Richards v. Eli Lilly

In Richards v. Eli Lilly, the Seventh Circuit charted new territory for how courts should evaluate requests to send notice in Fair Labor Standards Act (FSLA) collective actions under 29 U.S.C. § 216(b).  Departing from the...more

Holland & Hart LLP

Should Employers Pay Employees for Time Spent Waiting for Computers To ‘Boot Up' Before Employees Even Clock In?

Holland & Hart LLP on

Employers that decline to pay employees for time spent waiting for computers to "boot up" could be in violation of the Fair Labor Standards Act (“FLSA”) according to the U.S. Ninth Circuit Court of Appeals. Cadena et al. v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Holds Directional Drillers Are Independent Contractors

The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more

McAfee & Taft

Appeals court rules overtime pay does not include per diem amount

McAfee & Taft on

Recently, the Tenth Circuit Court of Appeals – the federal court of appeals that covers Oklahoma – ruled that employers do not have to include reimbursement payments for daily meals for traveling employees as part of the...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Residential Loan Underwriters Are Exempt From Overtime Requirements

Earlier this month, financial companies won a victory in the long-standing battle over whether employees involved in mortgage originations and approvals are exempt from the overtime requirements of the Fair Labor Standards...more

Ballard Spahr LLP

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

Ballard Spahr LLP on

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

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