News & Analysis as of

Minimum Wage Appeals Employment Litigation

Perkins Coie

Ninth Circuit Clarifies FLSA Collective Action Certification and Jurisdiction

Perkins Coie on

Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more

Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

Butler Snow LLP on

Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more

McGlinchey Stafford

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

McGlinchey Stafford on

We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more

Jackson Walker

Supreme Court Lowers Burden of Proof for FLSA Overtime Exemptions

Jackson Walker on

On January 15, 2025, the Supreme Court for the United States issued an opinion interpreting the standard of proof employers must meet to establish the applicability of an exemption to the overtime requirements of the Fair...more

Morgan Lewis

US Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Morgan Lewis on

The US Supreme Court issued a unanimous decision on January 15, 2025 in EMD Sales Inc. v. Carrera clarifying the evidentiary standard employers must meet to show that an employee is exempt from overtime and minimum wage...more

Pullman & Comley - Labor, Employment and...

U.S. Supreme Court Confirms that Employers Are Not Subject to Heightened Standard in Proving Compliance with Federal Overtime and...

The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938.  It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more

Jackson Lewis P.C.

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

Jackson Lewis P.C. on

Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more

Sheppard Mullin Richter & Hampton LLP

Expanded Limitations Period and Individual Liability for Employers Facing Labor Commissioner Hearings

An employee in California has two primary options to pursue a claim for the enforcement of minimum wage and overtime pay rights. The employee may seek judicial relief by filing an ordinary civil action. Alternatively, the...more

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

2022 Changes to Michigan’s Paid Medical Leave: Back to the Future

On July 19, 2022, the Michigan Court of Claims reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion...more

Littler

Eleventh Circuit Concludes that Property Damage Investigators Do Not Fall Under FLSA’s Administrative Exemption

Littler on

In Fowler v. OSP Prevention Group, Inc., the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reminds Employers the Commissioned Worker Exemption Does Not End Tip Pooling Claims

Hospitality industry employers continue to battle with employees over the proper calculation and distribution of tips under the Fair Labor Standards Act. Last month, the Fourth Circuit Court of Appeals (which includes North...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Lewitt Hackman

Employment Defense: Workforce Classification

Lewitt Hackman on

The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more

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

Employment Law Legends, Episode 1 – Employment Law Reborn: West Coast Hotel v. Parrish

Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case...more

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

Certified Tire: Not Your Average Compensation System

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees...more

Laner Muchin, Ltd.

Recent Ninth Circuit Decision Highlights An Employer’s Obligation Under the Dual Jobs Regulation Of The FLSA

Laner Muchin, Ltd. on

On September 18, 2018, the Ninth Circuit Court of Appeals issued a decision which once again brings to the forefront employers’ obligations under the Fair Labor Standards Act (FLSA) and other state minimum wage laws....more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

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

Pennsylvania Supreme Court Is Asked to Hear Employer Appeal in State Minimum Wage Act Case

On December 22, 2017, a three-judge panel of the Superior Court of Pennsylvania ruled two to one that the Pennsylvania Minimum Wage Act (PMWA), 43 P.S. Secs. 333.101-333.115, requires payment of a higher rate for each...more

Sheppard Mullin Richter & Hampton LLP

Short Rest Breaks are Compensable Under the FLSA

This month, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (“FLSA”) requires employers to compensate employees for all rest breaks of twenty minutes or less....more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide