News & Analysis as of

Penalties Appeals Fair Labor Standards Act (FLSA)

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

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

ArentFox Schiff

Massachusetts Limits State Wage Awards Citing FLSA Preemption

ArentFox Schiff on

On April 14, 2022, in Devaney v. Zucchini Gold, LLC, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

Jackson Walker on

Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

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