Archives: FLSA

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Innovations In Settling Wage Hour Class/Collective Actions

Settling 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 parties return to their pre-settlement status: i.e., there is no class. But, following the conventional wisdom on FLSA opt-in rules … Continue Reading

Weil Appointment Confirmed: “I love it when a plan comes together”

“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 of Labor. In practical terms, the Wage Hour Administrator is the head honcho in charge of interpreting and enforcing the … Continue Reading

Successor Liability For Employment-Related Claims: A Pain In The Assets

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 that a purchaser of another company’s assets does not assume the seller’s liabilities.* But, employment law is the exception to … Continue Reading

You’ve Got Another Thing Coming If You Read That “City of Arlington” Expands Agency Deference

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 Rule, NLRB Says,” Employment Law 360 (May 24, 2013) and “DOL Says High Court Ruling Bolsters Tip Pool Rule,” Employment … Continue Reading

Truthiness Test: “offers of judgment will stop FLSA collective actions?”

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 Healthcare Corp. v. Symczyk, holding that a Fair Labor Standards Act (“FLSA”) collective action was moot once the individual plaintiff … Continue Reading