The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools.
Articles Discussing General Topics Under The FLSA.
Subway, Burger King, and Popeyes Fined for Violating Child Labor Laws
Subway, Burger King, and Popeyes operators in South Carolina have been fined by the Department of Labor (DOL) for allegedly violating child labor laws. Some of these violations include allowing minors to work more hours than permitted by law and assigning them to perform tasks that are not
Dear Littler: Is paying employees with cryptocurrency an option?
Dear Littler: We are a multi-state employer with operations in multiple technology hubs, including Silicon Valley and Austin. Over the past several months we have heard from multiple applicants and employees about whether the company offers cryptocurrency as an option for compensation. While I am generally aware of what
Common Reasons for Flagged Pay Differences
Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are usually focused on gender and race or national origin. Through these statistical analyses, employees are placed into comparator groups and
First Circuit Creates Split Regarding Federal Court Jurisdiction Over FLSA Multistate Collective Actions
On January 13, 2022, in Waters v. Day & Zimmermann NPS, Inc., the First Circuit Court of Appeals became the third federal appellate court to address 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
Wage Transparency: How Can Multi-State Employers Manage the Compliance Minefield of Wage Disclosure Laws Nationwide?
Pay equity, or the desire to achieve it, has been a hot topic for employers in the United States in the past several years. Due to a recent increase in legislation in many states and local jurisdictions, pay equity no longer just means ensuring women and other marginalized groups
Three Wage and Hour Predictions for 2022: Pay Incentive Class Actions, Cryptocurrency Pay, and Multistate Class Actions
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.
2021 Wage & Hour Developments: A Year in Review
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.
Florida Decision Highlights Strategy for Immediately Appealing Denial of Temporary Injunction
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
Small Claims Court Recovery Barred Subsequent FLSA and State Law Pay Claims, Second Circuit Holds
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
Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft
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
UPDATE: Federal Judge Allows Student-Athletes Wage and Hour Claims Against the NCAA to Continue
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
Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions
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.
Sixth Circuit Limits the Scope of Collective Actions
Executive Summary: The Sixth U.S. Circuit Court of Appeals (the federal appeals court with jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently held that Fair Labor Standards Act (FLSA) lawsuits filed on behalf of employees in multiple states can only proceed when the court has proper jurisdiction over the employer defendant.
Circuit Courts Endorse Limiting Jurisdiction in 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
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