Nation Celebrates 75th Anniversary of the FLSA

On this day 75 years ago, President Franklin D. Roosevelt signed into law the landmark Wagner Act, which has survived the ages as the Fair Labor Standards Act (FLSA). To this day, the FLSA regulates the minimum wage, overtime page, child labor and many other wage-and-hour issues that, prior to the 1938 statute's enactment, were […]

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Gordon Ramsay’s Personal Kitchen Nightmares Courtesy of the FLSA

Gordon Ramsay, star chef and TV host of "Kitchen Nightmares," "Masterchef" and other shows, has been hit with a class-action lawsuit for alleged wage-and-hour and break-period violations at his Fat Cow restaurant in Los Angeles, RadarOnline reports. The legal action was filed on Thursday, June 13, according to Radar. “During the Class Period, Defendants have: (1) […]

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DOL Now Targeting ‘Systemic’ Wage-and-Hour Violations

The Department of Labor (DOL) is now enjoying a 71-percent success rate in ferreting out wage-and-hour violators by targeting industry- and geography-based culprits rather than waiting for complaints from employees at individual sites. The DOL is calling its new approach "directed investigations," which it instituted in 2012 after observing an "epidemic" of minimum-wage and overtime […]

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Wage-and-Hour Lawsuits Spike 10 Percent Over Previous Year

According to the Federal Judicial Center, which tracks lawsuit statistics at the federal level, employees filed 7,764 federal wage-and-hour lawsuits between April 1, 2012, and March 31, 2013, a 10 percent jump over the previous year. In contrast, such lawsuits rose only 1 percent year to year in the 2012 reporting period. Wage-and-hour lawsuits arise […]

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Average for Settling a Wage-and-Hour Lawsuit: $5.8 Million

Wage-and-hour litigation is the fastest-growing employment law threat employers face, according to a study by the Crowell & Moring law firm. It costs an average of $5.8 million to settle a wage-and-hour case, largely because so many are class-action lawsuits. The firm warns that exempt/nonexempt misclassification cases will continue to be particularly troublesome because of […]

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Wage and Hour Settlements Up in 2012

According to statistics compiled by National Economic Research Associates, employers across the U.S. paid 18 percent more in wage and hour settlements in 2012 than the year before. In all, employers forked over some $467 million in settlements this past year, bringing the total over the past six years to almost $2.7 billion. Arising under […]

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Supreme Court to Hear Donning and Doffing Case

The Supreme Court has opted to consider an appeal of a 7th Circuit Court decision that donning and doffing personal protective equipment (PPE) is not a "principal activity" that triggers the start of the workday, and time so spent thus does not have to be compensated. The case, Sandifer, et al. v. U.S. Steel Corp., […]

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Supreme Courts Lets Ruling Stand on Private FLSA Settlements

The Supreme Court has refused to hear an appeal on a 5th Circuit Court's ruling that allowed a private settlement of an overtime dispute. Previously, claims under the Fair Labor Standards Act (FLSA) could only be resolved by a court or the Department of Labor (DOL). The Supreme Court's declining to rule on the private […]

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DOL to Continue Challenging Overtime-Exempt and Independent Contractor Arrangements

Speaking before the American Bar Association (ABA) at its annual conference this month, Solicitor M. Patricia Smith of the Department of Labor (DOL) said that investigations of employment arrangements that incorrectly classify people as independent contractors, or otherwise make employees exempt from overtime pay, would continue in a cooperative effort with several states. Smith, who […]

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Recent FLSA Overtime Settlement Outside of Court Definitely Not the Norm

The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States  that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be bargained or negotiated outside of court except by the DOL. Such "substantive rights" […]

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