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Total Articles: 6

FLSA Civil Penalties To Increase Again (Updated 01 18 17)

For the second time in less than a year, the U.S. Department of Labor will soon publish increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and/or related regulations.

Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress damages in a retaliation claim asserted under the Fair Labor Standards Act (FLSA). At the same time, the Fifth Circuit held that only an employee can assert an FLSA retaliation claim.

USDOL's Liquidated-Damages "Policy" Remains Obscure

The federal Fair Labor Standards Act has long authorized the U.S. Department of Labor to sue to recover unpaid minimum-wage and overtime compensation due to current and former employees plus "an equal amount as liquidated damages". 29 U.S.C.A. § 216(c).

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to recover damages when they are not paid work on the other. We have examined this issue with state laws in the past on this blog, and published lengthier articles on the topic elsewhere as well. This past month, the District of Arizona confronted a damages question concerning the intersection of these laws in Vallejo v. Azteca Electrical Construction.

Eleventh Circuit Affirms Plaintiffs Did Not Show Willfulness Under FLSA Despite Employer Being Sued

The statute of limitations for a lawsuit under the Fair Labor Standards Act ("FLSA") is two years, unless the plaintiff proves that the employer's conduct was willful, in which case the limitations period is three years. See 29 U.S.C. § 255(a). Conduct is willful if the employer knew its conduct violated the FLSA or showed reckless disregard for compliance with the FLSA. See McLaughlin v. Richland Shoe Co., 486 U.S. 128 (1988).

Seventh Circuit Clarifies Overtime Damages For Misclassified Employees

Courts and litigants have struggled over how to figure overtime due to an employee who was misclassified as exempt and who was paid a fixed salary for his or her hours worked. The federal Fair Labor Standards Act requires that non-exempt employees be paid 1.5 times their regular hourly rates for hours worked over 40 in a workweek.