We have experienced a watershed change in the law this week and its ripples will move outward in ever widening circles for years to come. This is, naturally, the decision
Continue Reading The Epic Systems Case—Note To Employers—Don’t Wish For Something Because You May Get It!
U.S. Supreme Court
Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
By Mark Tabakman on
There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is…
Continue Reading Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
U.S. Supreme Court Rebukes USDOL In Vacating Ninth Circuit Service Adviser Holding
By Mark Tabakman on
I have followed and blogged on this case for some time. As I had thought, the U.S. Supreme Court ruled that the Ninth Circuit’s decision, i.e. allowing OT pay…
Continue Reading U.S. Supreme Court Rebukes USDOL In Vacating Ninth Circuit Service Adviser Holding
Supreme Court Hears Arguments On Exempt Status of Car Dealership Service Advisers
By Mark Tabakman on
I have blogged on this topic before and I look forward with great interest as to what the ultimate decision will be. Evidently, during the oral argument before it, the…
Continue Reading Supreme Court Hears Arguments On Exempt Status of Car Dealership Service Advisers
The Latest Developments in Rule 68 Law and Procedure for FLSA Actions
By Mark Tabakman on
The recent US Supreme Court decision in Campbell-Ewald Co. v. Gomez, No. 14-587 (Jan. 20, 2016) resolved a split in holding that an unaccepted Rule 68 offer of judgment…
Continue Reading The Latest Developments in Rule 68 Law and Procedure for FLSA Actions
Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions
By Mark Tabakman on
I have myself successfully utilized the Offer of Judgment procedure in FLSA cases and often blogged about these so-called “pick off” actions. Now the Supreme Court has weighed in. The…
Continue Reading Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions
Home Health Care Exemption Issue May Be Heard By U.S. Supreme Court
By Mark Tabakman on
I have followed this story for some time and I am glad that the Home Care Association of America has petitioned the U.S. Supreme Court to overturn an appellate court…
Continue Reading Home Health Care Exemption Issue May Be Heard By U.S. Supreme Court
You Need Brakes and Tires! Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers
By Mark Tabakman on
Exemption issues are very tricky and very fact sensitive. Given that, courts in different jurisdictions can come down differently on the same issue and then the US Supreme Court is…
Continue Reading You Need Brakes and Tires! Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers
Supreme Court Will Not Hear Case Involving Waiver (In A Severance Agreement) Of FLSA Collective Action Participation
By Mark Tabakman on
In a significant ruling (or lack of same) the US Supreme Court has declined to review an appellate court decision that held that employees could pursue a Fair Labor Standards…
Continue Reading Supreme Court Will Not Hear Case Involving Waiver (In A Severance Agreement) Of FLSA Collective Action Participation
Supreme Court Sides with USDOL on Its Right To Issue New Guidance on Exempt Status of Mortgage Brokers
By Mark Tabakman on
I have followed this protracted saga for years, since I wrote an article for the Banking Law Journal in 2001 on the issue of exempt status of mortgage brokers. …
Continue Reading Supreme Court Sides with USDOL on Its Right To Issue New Guidance on Exempt Status of Mortgage Brokers