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).
Periodically this year, we have discussed some of the fundamentals of wage and hour law, starting with a general review of the white collar exemptions.
Supreme Court Will Not Hear Case Involving Waiver (in a Severance Agreement) of FLSA Collective Action Participation
In a significant ruling (or lack of same) the US Supreme Court has declined to review an appellate court decision that held that employees could pursue a Fair Labor Standards Act collective action even though they signed severance agreements that included collective action waivers.
Over the last month, Domino’s has been in the news for some of the wrong reasons, with not one but two Fair Labor Standards Act (FLSA) class action lawsuits alleging that two large Domino’s franchisees paid delivery drivers less than minimum wage.
Whatcha Talkin’ Bout: Oral Complaints Made to Employer Constitute Protected Activity Under FLSA, Says Second Circuit
In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s anti-retaliation provision.
Second Circuit Synchs Up with Its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim On Oral Complaints to Employer
This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear expansion of its earlier interpretation of the law.
In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision.
We are all happy with the falling gasoline prices we have experienced, but, as lawyers, we (seemingly) always look for the dark spot in the sky.
In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA).
The Fair Labor Standards Act (FLSA) is the federal law the controls the terms under which employees must be paid overtime.