Tag Archives: FLSA

Should Your Employment Policies Be Translated?

Ver la versión en español aquí “Comprenden sus empleados las políticas de empleo?” If you did not understand that, take notice of a recent decision by a federal court judge. In the case, an employee sued his former employer for alleged unpaid wages. When the employee began his employment, he signed an agreement stating he … Continue Reading

Two Decisions About Arbitration Agreements Florida Employers Should Note

Florida’s Supreme Court and the federal appeals court covering Florida recently issued opinions regarding the enforceability of arbitration agreements.  The federal court opinion said that an arbitration agreement waiving an employee’s ability to bring a collection action under the Fair Labor Standards Act (“FLSA”) is enforceable.  The state court opinion said that an arbitration provision … Continue Reading

Florida’s Minimum Wage Set to Increase to $7.93 per Hour on January 1, 2014

Effective January 1, 2014, Florida’s minimum wage will increase from the current rate of $7.79 to $7.93 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in the Southern Region. Based upon the … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

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

Court Turns Searchlight on Unpaid Interns in Film and Entertainment Industry

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

FLSA and Mootness: The Court Punts and Kagan Throws a Stiff Arm

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

Eleventh Circuit Holds Liquidated Damages Discretionary for FLSA Retaliation

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

Collective Action Waivers Survive Court Scrutiny Despite NLRB Ruling

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

Be Mindful Who is Included in Your Tip Pool – FLSA Lawsuits are Lurking

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

Eleventh Circuit Rules on Breastfeeding Breaks Under the FLSA

On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading

Court Says Employer Not Liable for Unreported Work Time

        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

Accurate Timekeeping System Gives Company Win on Overtime Claim

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

I Hear There is an Election Coming Up – Is There Anything I Should Be Concerned About?

If you have not watched television or driven on any road lately, you might be surprised to learn that there is a presidential election scheduled for Tuesday, November 6.  Well maybe not.  This blog focuses on issues that employers should consider during the next few weeks. Florida law does not require employers to give employees … Continue Reading

Second Circuit Ruling on FMLA Eligibility Reminds Employers to Keep Accurate Time Records

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

The Fifth Circuit Says Employer Can Privately Settle FLSA Claims Without DOL or Court Approval

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

Federal Appeals Court Says DHL is Not Liable for Overtime to Its Contractor Drivers

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently ruled that DHL was not liable for overtime under the Fair Labor Standards Act (“FLSA”) for hours worked by independent drivers it had hired through a third-party contractor.  In the case, Layton v. DHL Express (USA), Inc., DHL Express (USA) Inc. contracted with a separate … Continue Reading

United States Supreme Court Says Pharmaceutical Reps are FLSA Exempt Outside Salespeople

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

Tampa Federal Court Rejects NLRB D.R. Horton Decision – Arbitration of FLSA Collective Action Claims Permitted

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

Unpaid Internships = Cheap Labor? Think Again.

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

Two Federal Courts Greenlight Employment Arbitrations

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

Texas Court Says Title VII Does Not Cover Breastfeeding, but Employers Should Be Mindful of Florida Law and the FLSA Protecting Nursing Mothers

A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

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

If an Employee Works Overtime and No One Knows Will the Employer Be Liable? A Recent Case Says, "No."

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
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