Articles Discussing General Topics Under The FLSA.

With the calendar having turned to 2022, it is time to look into the crystal ball and make a few predictions for the year ahead related to the wage and hour world.

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at both the federal and state level.

In many non-compete cases, the employer seeks a temporary injunction at the outset of the case to prevent further harm. If the employer loses that motion, the case usually settles or proceeds to discovery as in a standard civil action. However, there can be another option—immediate appeal. A recent

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a plaintiff’s Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) overtime pay claims in federal court, after she previously had obtained relief for substantially similar claims in small claims court. Simmons v. Trans

The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s right to assess civil monetary penalties (CMPs), in an amount up to $1,100

The NCAA must defend claims that they are a joint employer from student-athletes seeking to be paid for the time they spend participating in collegiate athletic activities. Despite U.S. District Court Judge John Padova’s dismissal with prejudice of wage and hour claims filed by the student-athletes against more than 20

On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards Act (FLSA) collective actions.

In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA) claims that arise from out-of-state conduct when the defendant is not subject to the

Although the employer’s pay system for its auto repair technicians was complicated and at times redundant, it nevertheless constituted a bona fide commissions compensation method subject to exemption from the overtime pay provisions of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held. Reed v.

To paraphrase the lyrics of the classic nursery song, Old MacDonald had a farm and on that farm he had a cow – and a duck, horse, and chicken (e-i-e-i-o). And, of course, to tend to that livestock Old MacDonald had to have farm workers, and those farm workers had

Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration.

Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations. Therefore, as his claim was filed well after the standard two-year limitations period for such

Dear Littler:  We’re a small company based in Austin, Texas – but we’re growing.  We made it through the pandemic, and we’re all looking forward to getting back to work.  We recently announced that employees can return to the Austin office voluntarily, starting in August.  When HR sent around

The reality cuts like knife: the United States of America is one of the only countries in the world that doesn’t maintain a federal paid leave program for its workers.

Last night, President Biden made clear his desire to change this reality.

In his first address to Congress since