News & Analysis as of

Labor Law Violations Unpaid Overtime Fair Labor Standards Act (FLSA)

Fisher Phillips

9 Steps Mine Operators Should Take as Overtime Class/Collective Actions Surge Across the Country

Fisher Phillips on

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

Seyfarth Shaw LLP

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Seyfarth Shaw LLP on

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Rumberger | Kirk

How to Avoid FLSA Violations When Requiring Workers to Use PTO

Rumberger | Kirk on

A federal appeals court recently held that employers don’t run afoul of the Fair Labor Standards Act if they involuntarily reduce workers’ PTO balances. The case addressed deductions for drops in productivity, but it may...more

Troutman Pepper Locke

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

Troutman Pepper Locke on

In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

Fox Rothschild LLP

USDOL Seeks To Kick Out Private Lawsuit Asserting It Can Do Better For Employees: Can It?

Fox Rothschild LLP on

Are two lawsuits better than one? Not for the employer, I can tell you that. A very interesting case is working its way through the federal courts now, where the US Department of Labor wants to take over a private lawsuit...more

Fisher Phillips

Labor Department Announces Double Damages Reprieve For Employers

Fisher Phillips on

The U.S. Department of Labor just announced that, effective July 1, it will not seek liquidated damages in wage and hour investigations against employers as a matter of course. This is a welcome development for those...more

Seyfarth Shaw LLP

The 10th Circuit Grants Re-Leaf to Workers Seeking Overtime Under the FLSA

Seyfarth Shaw LLP on

Seyfarth Synopsis: the 10th Circuit has held that the FLSA applies to workers in the marijuana industry....more

Zuckerman Spaeder LLP

Sales Representative Who Was Paid $900,000 Can Still Claim Violation of Overtime Law, Says Federal Court

Zuckerman Spaeder LLP on

Under federal law, employers must pay employees time-and-a-half if they work over 40 hours in a workweek, unless the employees are exempt from the overtime law. Employers don’t usually think of an employee who takes home...more

Troutman Pepper Locke

February 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...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

NAVEX

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

NAVEX on

The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

Laner Muchin, Ltd.

Increased Litigation Of Worker Misclassification Cases Should Place Employers On Notice Of Potential FLSA Violations

Laner Muchin, Ltd. on

Worker misclassification violations under the Fair Labor Standards Act (FLSA) continue to be at the forefront of the U.S. Department of Labor's (DOL) enforcement priority list and of the plaintiffs' bar, which has filed...more

McAfee & Taft

Pizza franchisee jailed for wage violations

McAfee & Taft on

Most employers know that failing to pay minimum wage or overtime pay to their employees can lead to serious consequences. When employees file lawsuits claiming unpaid overtime wages, they can bring in their co-workers,...more

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