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
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
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 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
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
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
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
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
Effective January 1, 2012, Florida’s minimum wage will increase from the current rate of $7.31 to $7.67 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
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
For the second time this year, the USCIS has published an updated version of its Form I-9 Handbook for Employers. The most recent version of the Handbook can be accessed through the USCIS’s I-9 Central HERE (Click on the picture of the I-9 Handbook for employers in the right hand column). Earlier in June, the … Continue Reading
