A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court
Continue Reading Are Highly Paid Daily Rate Workers Entitled to Overtime Under FLSA? Supreme Court Resolves Issue
On Oct. 11, the United States Department of Labor (DOL) issued a proposed rule that would change the definition of “independent contractor” for companies, a modification that could impact worker
Continue Reading Department of Labor Proposes to Reinstate Economic Realities Test for Independent Contractors Under FLSA
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
On the other side of the pandemic, after record numbers of employee resignations, protecting trade secrets is both challenging and being challenged. This article discusses protecting trade secrets and confidential
Continue Reading Staunch Competition – Trade Secrets and Restrictive Covenants
In Waters v. Day & Zimmerman NPS, Inc., the First Circuit has seemingly muddied the waters on Bristol-Myers Squibb’s applicability to FLSA collective actions.
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Continue Reading First Circuit Court of Appeals Rejects Bristol-Myers Squibb’s Applicability to FLSA Collective Actions; Creates Circuit Split
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where
Continue Reading 2 US Circuit Courts Side with Employers, Limit Scope of FLSA Collective Actions Based on Failure to Establish Specific Personal Jurisdiction
On April 27, 2021, the Second Circuit Court of Appeals held in a two to one decision that a plaintiff seeking to recover damages under the Fair Labor Standards Act’s
Continue Reading Plaintiffs Must Do More Than Allege Willfulness to Sustain FLSA Claim Under Three-Year Limitation
Employers have faced a tidal wave of Fair Labor Standards Act (FLSA) collective action litigation in the last 15 years, fueled in large part by courts that have made it
Continue Reading Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action
See our Feb. 28 update regarding the new joint employer rule.
On March 16, 2020, new rules on joint employment status under the Fair Labor Standards Act (FLSA) will go
Continue Reading Some Relief: DOL Provides Flexibility and Clarity With New Joint Employer Rules