Wage and Hour, En Banc Review, Fair Labor Standards Act (FLSA)

Is a Uniform Standard for Evaluating FLSA Collective Action Notice Motions on the Horizon?

Littler on 9/4/2025

The Fair Labor Standards Act (FLSA) provides a framework for how employees are compensated under federal law. In addition to establishing minimum wage and overtime standards, among other things, the FLSA allows employees to...more

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

Holland & Knight LLP on 9/15/2021

In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

Holland & Knight LLP on 6/3/2021

In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...more

Ninth Circuit Issues En Banc Decision Upholding DOL’s 20% Tip Credit Rule; Ball Is Now In DOL’s Court

Seyfarth Shaw LLP on 10/2/2018

Seyfarth Synopsis: In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...more

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

FordHarrison on 3/16/2018

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more

Ninth Circuit Agrees to Reconsider Tip Credit Case

Parker Poe Adams & Bernstein LLP on 3/7/2018

For employers in the hospitality industry, tipping policies continue to pose significant litigation risks. A number of restaurant groups have faced recent class and collective action claims based on allegations that the...more