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
On Jan. 29, 2020, Senate Bill 327, known as “Charlotte’s Law,” was introduced in the Georgia General Assembly, requiring employers to provide reasonable breaks for pumping breastmilk. The bill
Continue Reading Georgia Bill Would Require Employers to Provide Employee Breaks to Pump Breast Milk
On Dec. 6, 2019, the Second Circuit issued a decision in Yu v. Hasaki Restaurant, Inc. that will likely impact settlement of wage and hour actions under the Fair Labor
Continue Reading Second Circuit Holds Judicial Approval Not Required When Settling FLSA Claim Pursuant to Rule 68(a) Offer of Judgment
The U.S. Department of Labor (DOL) final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees is
Continue Reading Reminder: Jan. 1, 2020, Effective Date Quickly Approaching for New Overtime Rules
The U.S. Department of Labor (DOL) on Sept. 24, 2019, announced a final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for
Continue Reading Department of Labor Announces Final Changes to Overtime Rules