The More Things Change… The More They Stay The Same.

By Chance Hill On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide variety of topics under the Fair Labor Standards Act (FLSA). Such letters respond to specific questions submitted to the DOL’s Wage and Hour Division (WHD) and constitute an important form of guidance for […]

Joint Employment for Wage/Hour

By Andy Volin The Department of Labor’s Wage and Hour Division (“WHD”) has issued new guidance on joint employer status. The guidance re-emphasizes that companies that share workers with associated companies, or that subcontract work to other companies, may have compliance responsibility for wage and hour laws. In other words, using a staffing agency or […]

Triple Dipping Remedies

By Andy Volin The Tenth Circuit recently announced that employees who prove they are owed wages under both Federal and Colorado state law may be entitled to the unpaid wages, plus penalties under both statutes, possibly recovering more than treble damages. Under the Fair Labor Standards Act (“FLSA”), if an employee proves a violation of […]

Another Win for FLSA Class Action Waiver

By Lori Phillips In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court.  The restaurant moved to compel arbitration, and the employee fought it, arguing that the arbitration […]

Court Nixes Non-Appealability Clause in Arbitration Agreement

By Lori Phillips Generally speaking, arbitration is a matter of contract, and arbitration agreements must be enforced according to their terms. The Ninth Circuit recently issued a caveat, however. In In re Wal-Mart Wage & Hour Employment Practices Litigation, No. 11-17718 (9th Cir. Dec. 17, 2013), an issue of first impression, the Ninth Circuit held […]

Much Ado About Mootness

By Tom Kennedy The Supreme Court ruled yesterday that a single employee cannot maintain a collective wage and hour action once her own claim has become moot. In Genesis HealthCare Corp. v. Symczyk, the plaintiff-employee alleged that her employer had violated the Fair Labor Standards Act (“FLSA”) by failing to pay for work performed during […]

Court May Decertify a Class If Trial Is Not Feasible

By Bill Wright The Seventh Circuit Court of Appeals is teaching wage and hour plaintiffs’ lawyers to be reasonable. Espensheid v. DirectSat USA, LLC, No. 12-1943 (7th Cir. February 4, 2013) (Posner, J). In this case, plaintiffs’ lawyers brought a collective action under the Fair Labor Standards Act and class actions under state law. (For […]

Employer Opens Can of Worms for Union

By John Alan Doran When must an employer turn over its highly confidential pricing and customer data to a union?  When it opens its big trap during collective bargaining!  A recent case provides an excellent example.  During bargaining, the employer repeatedly asserted that it needed wage concessions from the union due to increased pressures from […]