Supreme Court Will Consider Class Action Waivers
The U.S. Supreme Court has agreed to hear a trio of wage and hour cases involving arbitration agreements that require workers to waive their right to pursue employment claims as a group.
Tag: FLSA
Auto Service Advisors Entitled to Overtime, Despite Inadequate DOL Regs
Car dealership “service advisors” are entitled to overtime pay, even though the regulations granting them overtime are not entitled to deference, the 9th U.S. Circuit Court of Appeals has ruled.
New Report Examines Trends in Wage and Hour Class Action Suits, Settlements
Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]
Exceptions Timekeeping Is Legal—But It’s a ‘Horrible’ Idea
Employers would be wise to ignore the U.S. Department of Labor’s (DOL) regulations and guidance that permit exceptions timekeeping under the Fair Labor Standards Act (FLSA). The department says that the practice is fine, but experts warn that it sets employers up to violate another DOL mandate: “complete and accurate” time records.
Employers Can Owe Emotional Distress Damages in Wage Suits
Employees can be entitled to damages for emotional distress under the Fair Labor Standards Act (FLSA), a federal appeals court has ruled.
Nevada Supreme Court Offers Guidance on Minimum Wage Amendment
We’ve been reporting on litigation surrounding Nevada’s minimum wage all year. Although some issues remain unresolved, we now have important guidance from the state’s highest court on the scope of the term “provide” under the minimum wage law as well as which statute of limitations applies to wage claims. The following article provides an overview of the court’s ruling.
Overtime Rule Update: District Court Won’t Wait for Appeals Court Ruling
A federal district court judge said January 3 that he won’t halt proceedings in the case challenging the U.S. Department of Labor’s (DOL) new overtime rules, despite concurrent litigation in the 5th U.S. Circuit Court of Appeals.
Elections have consequences: Changes in the employment arena are on the horizon
by Judith E. Kramer and Sean D. Lee With the election of Donald Trump, there is no question that there will be upheaval in many areas of the law. Even in the discrete area of labor and employment law, the prognostications could fill many blog posts. In this article, we focus on the employment-related Executive […]
Ask the Expert: Can We Adjust Time Cards for Waiting Time?
Question: My employer uses a “4 -minute rule,” meaning that our employees have an 8-minute window (4 before and 4 after their scheduled time to clock in) without changes being made to their time cards. We do this because there’s a line waiting to clock in. However, for those who are more than the 4 […]
Puzder Hearing Set for January, Dems Defend Overtime Rules
The Senate has scheduled a confirmation hearing in January for President-elect Donald Trump’s pick for Secretary of Labor.