Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join
Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!It seems that allegations of different types of discrimination or employer wrongdoing run in cycles. There was a time when we saw that claims of racial and ethnic discrimination were
Continue Reading New Emphasis by USDOL On Retaliation: This Is the Hottest Form Of Claimed Discrimination-Employers Need Be Mindful
The USDOL has proposed a new cut-down (watered down?) test for determining when entities are a joint employer. Such a finding leads to the aggregating of employee hours which are
Continue Reading The USDOL And The Joint Employer Doctrine: The Saga Continues
The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge actual/true
Continue Reading Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive
It is not often when an employer defends a FLSA lawsuit by asserting that it is in an illegal business and therefore immune to suit. Sound funny? Well, that is
Continue Reading One Toke Over the Line: Employer of Marijuana Workers Seeking FLSA Overtime Defends By Asserting Its Business Is Illegal
When a class action is filed, often times there are issues (for the plaintiff and their counsel) as to who should be in the class. Often, the named plaintiff will
Continue Reading Judge Allows Named Plaintiff Expansive Ability To Communicate with Potential Opt-Ins in FLSA Collective Action
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
Continue Reading Retaliation Sometimes Follows FLSA Lawsuit Filing—It Shouldn’t!
Usually, in FLSA cases, no emotional damages are allowable in retaliation cases. Perhaps that inviolate principle is now changing. In an important case, the Fifth Circuit has recently held that
Continue Reading Emotional Harm Damages Allowable In FLSA Case: A Trend?
Usually, it is the USDOL that is seeking sanctions against an employer who has, in wholesale fashion, violated the
Continue Reading Employer Wins Sanctions Against USDOL In Overtime Case—The Wheel Turns The Other Way
After an employer make settlements with employees, especially if done through a DOL investigation, and those employees are still employed, there exists perhaps a natural “urge” to take some of
Continue Reading Makin’ Choices Makes Bad Choice In Allegedly Retaliating Against Employees Who Received Monies from USDOL Audit