In today’s technological world, a rising number of employees telecommute, e.g. work from home.
As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees is too high compared to money going to the plaintiffs.
Employers wishing to employ unpaid interns this summer may run afoul of the Fair Labor Standards Act (FLSA) which carries penalties of unpaid wages, attorneys’ fees and, possibly, an award of liquidated damages double the amount of the wage award, not to mention bad publicity.
On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to demonstrate protected activity and form the basis for a retaliation claim under the Fair Labor Standards Act (“FLSA”).
In Resch v. Krapf’s Coaches, Inc., the Third Circuit Court of Appeals ruled that drivers who “rarely or never crossed state lines” were nevertheless covered by the motor carrier exemption to the FLSA because they worked in safety-affecting jobs and reasonably could have been expected to drive interstate routes.
The Supreme Court has declined to grant review of a Sixth Circuit decision that cast significant doubt on the effectiveness of an employee’s waiver of Fair Labor Standards Act (FLSA) collective action rights.
Wage and hour issues are oftentimes amongst a company’s least favorite topics of conversation and yet, at the same time, can be the source of major liabilities.
Monday Morning Regulatory Review: Wholesale & Retail Electricity; FLSA Overtime Regulations; And Renewable Fuel Standards
Three different and recurring intersections of regulations and litigation highlight the past week. The United States Supreme Court (SCOTUS) added another case to the oral argument calendar with potentially significant regulatory implications.
On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints made to a government agency).
Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL).