A New Jersey federal court ruled this week that “private” Facebook wall posts are covered by the Stored Communications Act (“SCA”). The SCA is a federal law that, among other things, prohibits unauthorized access of communications stored on the internet. Deborah Ehling, a former Monmouth-Ocean Hospital Service Corp. nurse, posted comments on her Facebook wall … Continue Reading
In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading
On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns. The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading
We have blogged in the past whether offering back pay and other expenses to a plaintiff in a lawsuit under the Fair Labor Standards Act (FLSA) can “kill” the lawsuit. Some courts have recognized that offering the plaintiff full back pay and expenses makes the lawsuit “moot,” even if the plaintiff rejects the offer. Other … Continue Reading
Whether you have in-house or outside recruiters, make clear what they can and cannot say to your employees. On March 11, 2013, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board made the recommendation that Aerotek, Inc., an employee staffing company, violated the National Labor Relations Act (“NLRA”) when its recruiters told employees … Continue Reading
On February 13, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that liquidated damages for a retaliation claim under the Fair Labor Standards Act (“FLSA”) are discretionary, and not mandatory. Moore v Appliance Direct, Inc. is the first decision on this issue in the Eleventh Circuit, which also covers Georgia and … Continue Reading
In August 2011, we blogged about the amendments to the unemployment compensation statutes, which included a new definition of misconduct (see Florida Employers Get Immediate Unemployment Compensation Relief). The definition of misconduct is: A violation of an employer’s rule, unless the claimant can demonstrate that: He or she did not know, and could not reasonably … Continue Reading
On February 1, a federal court in New York joined appeals courts in the 3rd, 4th, 5th, 8th, 9th and 11th circuits in finding enforceable a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA) in arbitration agreements. This decision is at odds with the National Labor Relations Board’s … Continue Reading
A recent case from the federal court in Orlando provides a reminder that sharing pooled tips too widely could violate the Fair Labor Standards Act and expose the employer for failing to pay the minimum wage. In Rubio v. Fuji Sushi & Teppani, Inc., a former server sued the restaurant where she had worked for … Continue Reading
The Sixth Circuit Court of Appeals affirmed dismissal of a lawsuit under the Fair Labor Standards Act brought by an employee who failed to follow her employer’s policy for reporting uncompensated work time. In Margaret White v. Baptist Mem’l Health Care Corp., the employer, Baptist Memorial Health Care Corp. (“Baptist”), automatically … Continue Reading
The Tenth Circuit Court of Appeals recently found no liability for a company that kept accurate time records in the face of a former employee who claimed that he was not paid for overtime hours that he worked at home. In Brown v. Scriptpro, the employer, Kansas-based company ScriptPro LLC, had an automated timekeeping system … Continue Reading
The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled on Monday that Broward County’s wellness program, which required employees to undergo a biometric screening and fill out a health assessment questionnaire, did not violate the Americans with Disabilities Act (“ADA”). The ADA generally prohibits medical examinations and disability-related inquiries unless job-related and … Continue Reading
In Donnelly v. Greenburgh Central School District No. 7, the Court of Appeals for the Second Circuit recently highlighted the importance of keeping accurate time records for employees to determine Family Medical Leave Act (“FMLA”) eligibility. To be eligible for leave under the FMLA, an employee must work “at least 1,250 hours of service…during the … Continue Reading
For over 30 years, the federal courts in Florida (and in other states) have required that settlements of minimum wage and overtime claims under the Fair Labor Standards Act (“FLSA”) be reviewed and approved either by a court or the US Department of Labor. Now, one court, the Fifth Circuit Court Of Appeals, the federal … Continue Reading
The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). A … Continue Reading
On March 27, we posted an entry on the decision of a federal court in Washington, D.C. that some portions of the NLRB’s rule requiring employers to post a “Notice of Employee Rights” are not valid. Under the NLRB’s posting rule, employers are required to make the posting by April 30. The court’s decision is now on … Continue Reading
In the third of three recent wage and hour class actions brought by unpaid interns against media and entertainment companies (Wang v. The Hearst Corp. and Glatt and Footman v. Fox Searchlight Pictures, Inc.), a former unpaid intern for the “The Charlie Rose Show” has sued Charles Rose and his production company on behalf of all interns … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). In … Continue Reading
On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law. The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading
We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading
On September 20, we posted, Was Dionne The FLSA Magic Bullet We Thought?, which discussed recent cases under the Fair Labor Standards Act (FLSA) where the employer tried to moot the lawsuit by tendering the back pay and liquidated damages claimed by the former employee. As a refresher, in Dionne v. Floormasters Enterprises, Inc., the … Continue Reading
As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading
Has the Eleventh Circuit Court Appeals provided employers with a means to resolve a Fair Labor Standards Act (FLSA) lawsuit quickly and avoid paying attorneys’ fees or has the plaintiffs bar already revised its litigation strategy? The federal appeals court with jurisdiction over Florida, Georgia, and Alabama recently denied attorneys’ fees to a plaintiff suing … Continue Reading
