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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FLSA Lawsuits Reach Record Level

According to just-released statistics, the number of wage-and-hour lawsuits based on the Fair Labor Standards Act (FLSA) reached record heights in the year ending March 31, 2012, with a total of 7,064 filed, up from 7,006 in the same reporting period a year earlier. The statistics were compiled from court data maintained by the Federal […]

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Wage and Hour Lawsuits on the Rise

The nation is witnessing a record number of wage and hour lawsuits, often federal but also hybrid (different states at the same) court cases. In the period that just ended on March 31, a total of 7,064 lawsuits under the Fair Labor Standards Act (FLSA), which regulates wages, hours and overtime, had been filed for […]

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