In most lawsuits filed under the Fair Labor Standards Act (FLSA), an employer’s ability to recover any attorney’s fees under the prevailing standard – that a plaintiff filed the case in “bad faith, vexatiously or wantonly” – is much too difficult to satisfy. A recent decision from the U.S. District Court for the Middle District
Litigation
Second Circuit to Decide Whether Court Approval of FLSA Settlements Applies to Accepted Offers of Judgment
By Noel P. Tripp & Felice B. Ekelman on
Posted in Settlements, Wage and Hour
Seeking to resolve a split among the district courts in the Second Circuit, the Court of Appeals has accepted an interlocutory appeal to decide whether, in resolving cases involving FLSA claims, offers of judgment under Rule 68 require DOL or judicial scrutiny and approval. Yu v. Hasaki Restaurant, Inc., 2017 U.S. App. LEXIS 20698…
State Plaintiffs Urge Fifth Circuit to Affirm Nationwide Injunction Blocking DOL Overtime Rule
By Jeffrey W. Brecher on
In the latest round in the litigation between 21 States, led by the State of Nevada, and the Department of Labor regarding the Final Rule, the State Plaintiffs filed their appeal brief today with the Fifth Circuit, urging the Court to affirm the district court’s order, which issued a nationwide injunction blocking the rule. “As …
Sen. Sanders, Other Members of Congress, File Amicus Brief in Support of DOL Salary Basis Regulation
By Justin R. Barnes on
Sen. Bernie Sanders, along with twenty-five other members of Congress, have filed an amicus brief in the Fifth Circuit Court of Appeals urging the Court to reverse the injunction issued by a Texas federal judge enjoining enforcement of the Department of Labor’s recent increase to the salary basis threshold for the white collar exemptions under…
Federal Court In Florida Is Latest To Reject DOL Regulation, Finds FLSA Does Not Require That Employees Receiving Full Minimum Wage Retain All Tips
By Justin R. Barnes on
While Department of Labor regulations interpreting the FLSA remain the primary source of employer guidance regarding the Act’s requirements, they are not necessarily the final word on what federal wage law requires. This is so even where they have been subject to “notice and comment,” triggering a higher level of judicial deference. A federal court…
First Circuit: FAAAA Preempts Massachusetts’ Contractor Law
By Noel P. Tripp on
Posted in Litigation
On February 22, 2016, the First Circuit issued its decision in Schwann v. Fedex Ground Package System, Inc. This decision clarified the extent to which the Massachusetts Independent Contractor statute, G.L. c. 149 § 148B (“§ 148B”), as applied to motor carriers, is preempted by the Federal Aviation Administration Authorization Act of 1994, 49…
Louisiana Federal Court Rules Half-Time Method Applies to Calculation of Any Alleged Unpaid Overtime and Bonuses Paid Offset Any Potential Liability
By Noel P. Tripp on
Posted in Damages
Courts addressing FLSA misclassification claims brought by employees classified as salaried exempt workers must determine damages. In a new decision from the United States District Court for the Eastern District of Louisiana, Judge Jane Triche Milazzo ruled that successful Plaintiffs in one such misclassification case are only entitled to “half-time” damages. Further, the Court…
Second Circuit Affirms “Supervision” Doctrine Vis a Vis FLSA Settlements
By Noel P. Tripp on
Posted in Department of Labor, Litigation
Bringing some degree of clarity to the murky question of whether parties can dismiss a pending FLSA lawsuit on their own volition, the Court of Appeals for the Second Circuit has ruled that any dismissal with prejudice requires “the approval of the district court or the DOL to take effect.” Cheeks v. Freeport Pancake House…
New Jersey Judge Reiterates That FLSA Does Not Protect “Gap Time”
By Noel P. Tripp on
Posted in Damages, Hours of Work
The FLSA generally governs only the payment of minimum wages and overtime. It does not govern unpaid wage claims that do not result in a minimum wage or overtime violation—e.g., a claim brought by an employee that he worked 39 hours, but was only paid for 35 (sometimes referred to as a “gap time” claim).…
Fifth Circuit Narrows Its Holding Regarding Waiver of FLSA Claims Without Supervision
By Noel P. Tripp on
Posted in Litigation
In 2012, the Court of Appeals for the Fifth Circuit held that union members who worked on a film shoot and later brought FLSA claims subsequently waived those claims through a private agreement between their union and the production company. Martin v. Spring Break ’83 Productions, L.L.C., 688 F.3d 247 (5th Cir. 2012).…