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
Articles Discussing General Topics Under The FLSA.
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
On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour laws that protect them – and how to contact [the DOL] to get
Will Florida be the next state to enact a comprehensive consumer privacy law? It sure is starting to look like a viable possibility. With the California Consumer Privacy Act (“CCPA”) in full effect, and the recent enactment of Virginia’s Consumer Data Protection Act (“CDPA”), there has been a flurry of
Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate industry can anticipate the variety of wage claims and employers’ strategies in response.
Vaccine passports—standardized credentials showing proof of vaccination—are gaining momentum in some states as a means of returning to normalcy and allowing businesses to open fully to those who prove they have been inoculated against COVID-19. A Florida executive order now prohibits businesses operating in Florida from implementing such measures
In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the more lenient, and more defense-friendly, federal standard articulated by the United States Supreme Court in the trilogy of cases of Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Electrical Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986). Florida now joins 38 other states in adopting the federal standard.
On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith effort to follow guidelines to prevent the spread of the coronavirus.
While deciding to make effective some portions of the Tipped Regulations Final Rule published in the final weeks of the former administration, the U.S. Department of Labor (DOL) has proposed further delay and consideration of the most controversial provisions of the Rule, including the elimination of the “80/20 Rule” that
An administrative assistant, who regularly made three to five telephone calls out of state per week to her employer’s clients and vendors, may have sufficiently engaged in interstate commerce to establish “individual coverage” under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Eleventh Circuit concluded.
Southeast Employment Law Letter, Vol. 2, No. 3