It is no secret that Americans love chicken. Chicken is the most popular protein in the country, and the American chicken industry is the largest in the world. Producing such a popular product has led some poultry processors to engage in unlawful behavior to maximize their profits at the expense
Articles Discussing General Topics Under The FLSA.
Esri, a digital mapping and analytics company based in Redlines, California, agreed to pay $2.3 million settlement in a discrimination lawsuit. The Department of Justice (DOJ) sued the tech company in 2017 following allegations that Esrii paid its female employees less than their male counterparts.
After a year-long investigation, the
Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek judicial approval (or approval from the Department of Labor) to settle and
EMD Sales Inc., an international food distribution company based in the Washington D.C. area, is currently facing an overtime lawsuit filed by three former and current employees. According to an article published by Law360, Faustino Sanchez Carrera, Magdaleno Gervacio, and Jesus David Muro had settled a previous overtime lawsuit against
In Fowler v. OSP Prevention Group, Inc.,1 the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards Act’s administrative exemption, and were therefore subject to the FLSA’s minimum wage and overtime
The “Stop WOKE Act” (HB7) (the “Act”) is set to go into effect on July 1, 2022, following a court decision this week declining to enter an injunction to halt the Act. The Act, among other things, restricts employers from requiring diversity training that “espouses, promotes, advances, inculcates, or compels [employees] to believe” certain prohibited concepts related to race, color, sex or national origin. In a previous Legal Alert, we summarized the Act and provided insight into what this new law will mean for employers. While Florida’s law is the first of its kind, there is speculation that other states could adopt similar legislation in the future.
On June 27, 2022, the U.S.
In this episode, Jen explains how to properly calculate a non-exempt employee’s “regular rate of pay,” and the significant liability resulting from employer errors.
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the
In November of last year, Apple workers finally ended a decade-long wage lawsuit against the tech giant. The lawsuit, originally filed in 2013, accused Apple of underpaying workers by forcing them to clock out before bag searches at the end of the day. Apple conducted these bag searches to
The driver misclassification suit against the prominent ride-share company, Uber, reached a preliminary deal last month. The suit was filed in the U.S. District Court for the Northern District of California after several Uber drivers in the state filed misclassification claims which prevented them from receiving full employment benefits. The
On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v.
Several workers of the fast-food retail, Boston Market, filed a complaint against the corporation for wage violations. The lawsuit was filed in the United States District Court for the Southern District of New York in November of last year. Plaintiff Thomas Fitzpatrick, along with several other manual workers at Boston
On March 18, 2022, the Eleventh Circuit Court of Appeals ruled in Compere v. Nusret Miami, LLC, a collective action under the Fair Labor Standards Act (FLSA), that Nusr-et Steakhouse properly used automatically charged fees on bills to pay its employees’ wages because the fees were service charges. The plaintiffs,