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 jurisdictionFriends, 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
If you’ve skimmed internet news in the last 4 months, you’re aware of two scary trends: (1) twerking and (2) interns filing class actions for unpaid compensation against publishers, entertainment companies, fashion houses, and other
Continue Reading Drawing Lines More Nice Than Obvious: Unpaid Internships and Twerking
Companies of all sizes, new or mature, sometimes go out of business. “California Or Bust” is legendary in American history, but “bust” sometimes happens despite everyone’s best efforts. If you are an officer or director
Continue Reading Last One Out, Please Turn Off The Lights…But You Better Make Payroll First
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?”
Pine Straw Gatherers is …
A. an indie band that wowed the audience at Pitchfork last summer
B. the Junior A affiliate of the Toronto Maple Leafs
C. the latest sensation in the academic literature
Continue Reading The DOL and Obscure Exemptions under the FLSA
