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 ...
Read More »Second Circuit –Cheeks v. Freeport Pancake House, Inc.
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 ...
Tagged with: FLSA u.s. court of appeals for the second circuit
Read More »Recent developments in FLSA litigation
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
Read More »Job applicant can’t sue for FLSA retaliation
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
Read More »‘Kasten’ could have broader impact
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
Read More »Labor Law: Teoba v. Trugreen Landcare LLC
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
Read More »Attorney’s Fees: Scott v. City 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
Read More »Health care reform’s hidden changes
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
Read More »Supreme Court to rule on FLSA case
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
Read More »Fair Labor Standards Act: Scholtisek v. Eldre Corp.
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
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