Tag Archives: FLSA

[Gasp!] Epic Systems Decision Applies to FLSA Claims

No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court’s decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here] … Continue reading

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High Enforcement, New Tip Pool Rules Require Restaurants Reassess & Manage FLSA Risks

Restaurant employers should audit and tighten the employee wage, timekeeping and other wage and hour practices to minimize their exposure to heightened enforcement of the Fair Labor Standards Act and other federal wage and hour laws by the U.S. Department … Continue reading

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Supreme Court Rejects Longstanding “Narrow Construction” Rule for FLSA Exemptions Continue Reading…

For more than 70 years, the Supreme Court has construed exemptions to the Fair Labor Standards Act (“FLSA”) narrowly. In A.H. Phillips, Inc. v. Walling, for example, the Court stated that “[t]o extend an exemption to other than those plainly … Continue reading

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Retaliation Sometimes Follows FLSA Lawsuit Filing—It Shouldn’t!

I am always telling clients who are sued in FLSA actions not to take any actions against employees who may still be working for them (which, admittedly, is not the case very often) because that will make things dramatically worse.  … Continue reading

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FLSA Conditional Certification Standard Bites Plaintiffs

A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime under the Fair Labor Standards Act … Continue reading

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