A federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season. As a result of Tuesday’s ruling, overtime changes set to ...

Tagged with: FLSA overtime

U.S. Court of Appeals for the Second Circuit FLSA Private Stipulation of Dismissal – Court Approval Cheeks v. Freeport Pancake House, Inc. 14-299-cv Judges Parker, Pooler and Wesley Background: The plaintiffs appealed from the refusal of the district court to ...

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On the somewhat arcane topic of paying non-exempt employees under the federal Fair Labor Standards Act’s “fluctuating workweek” method, there have been some significant developments in 2011. Under the FLSA, employers can pay non-exempt employees under the method by paying ...

Tagged with: Expert Opinion FLSA

A job applicant couldn’t sue for retaliation on the basis that she was denied a position because she pursued federal wage and hour claims against a former employer, the 4th Circuit has ruled in affirming a dismissal.

Tagged with: Dismissal FLSA lawsuit retaliation

In yet another victory for employees, the U.S. Supreme Court ruled last week that workers do not have to file a written Fair Labor Standards Act complaint against their employer to prove they were terminated in retaliation, Kasten v. Saint-Gobain Performance Plastics.

Tagged with: employees FLSA SCOTUS termination

U.S. District Court, Western District of New York Labor Law FLSA Teoba v. Trugreen Landcare LLC 10-CV-6132 Judge Siragusa Background: In this action, the plaintiffs are asserting claims for unpaid wages pursuant to the Federal Fair Labor Standards Act, and ...

Tagged with: FLSA Labor Law U.S. District Court Western District of New York

U.S. Court of Appeals, Second Circuit Attorney’s Fees FLSA Scott v. City of New York 09-3943-cv Appealed from the Southern District of New York Background: The City of New York appeals from an order of the U.S. District Court for ...

Tagged with: Attorney’s Fees FLSA Second Circuit U.S. Court of Appeals

The new health care reform law doesn’t just provide for universal health care — it also includes various non-health care provisions relevant to lawyers.

Tagged with: Fair Labor Standards Act FLSA Health care Patient Protection and Affordable Care Act

The U.S. Supreme Court has agreed to decide whether an oral complaint about a violation of the Fair Labor Standards Act is protected conduct under the statute’s anti-retaliation provision.

Tagged with: complaint Fair Labor Standards Act FLSA SCOTUS

U.S. District Court, Western District of New York Fair Labor Standards Act Salaried Employees Partial Absences Scholtisek v. Eldre Corp. 03-CV-6656 Judge Larimer Background: Fredrick Scholtisek commenced the lawsuit, approved as a class action, against his former employer, Eldre Corp. ...

Tagged with: Fair Labor Standards Act FLSA U.S. District Court Western District of New York