On July 26, 2022, the Third Circuit Court of Appeals issued an opinion in Christa Fischer, et al. v Federal Express Corp., et al., affirming a decision from the Eastern District of Pennsylvania barring
Continue Reading Third Circuit joins Sixth, Eighth Circuits in insulating employers from nationwide FLSA collective actions in states where they are not subject to general jurisdictionSettling Rule 23 opt-out class actions is straightforward: the agreed-upon settlement is presented to the court for preliminary approval of a Rule 23(e) settlement class and — if the settlement is not approved — the
Continue Reading Innovations In Settling Wage Hour Class/Collective Actions
In the world’s best Christmas movie (other than Scrooged, of course), Kris Kringle — sitting in the Santa Claus chair at Macy’s flagship store — sends a mother to the Acme Toy Store on
Continue Reading Miracle on 34th Street
“I love it when a plan comes together”
Col. John “Hannibal” Smith
Confirmed by the Senate last Monday, Professor David Weil takes the helm as Administrator of the Wage Hour Division of the U.S. Department
Continue Reading Weil Appointment Confirmed: “I love it when a plan comes together”
Friends, Romans, countrymen, lend me your ears; I come to bury Caesar, not to praise him.
Julius Caesar, Act II, scene 3
It is time to inter handbooks. Yours is undoubtedly an unfair labor
There is a myth that buyers are protected from employment liabilities arising under prior ownership if there is a broad disclaimer and if it is an asset purchase. Not so. Sure, the “general rule” is
Continue Reading Successor Liability For Employment-Related Claims: A Pain In The Assets
Both the Department of Labor and the National Labor Relations Board — in separate cases – just cited a recent Supreme Court decision as their trump card. See “High Court Ruling Hurts Case Against Poster
Continue Reading You’ve Got Another Thing Coming If You Read That “City of Arlington” Expands Agency Deference
Chico Marx once said that he would like the west better if it were in the east. That is a line for employers to ponder in the wake of the Supreme Court’s decision in Genesis
Continue Reading Truthiness Test: “offers of judgment will stop FLSA collective actions?”
