In a case involving an uncommon number of legal twists and turns, the State of Vermont has convinced a federal Judge to uphold its sovereign immunity from suit under the FLSA. Coniff v. Vermont, 2013 U.S. Dist. LEXIS 143494 (D. Vt. Sept. 30, 2013).
Generally speaking, states are immune from claims brought by private…
Revisiting a concept for the first time since 2009, a House of Representatives Sub-Committee recently conducted a hearing regarding the Working Families Flexibility Act (H.R. 1406). The Act, proposed on April 9, seeks to amend the FLSA to permit private sector employers to compensate employees for overtime work by providing compensatory time off (e.g., “comp time”)…
In another setback for unionized non-exempt FLSA plaintiffs claiming as compensable time spent: 1) changing into work-related gear; and 2) traveling to their site of work from the changing point (typically in a production facility such as a factory or slaughterhouse), the Court of Appeals for the Seventh Circuit has ruled that U.S. Steel was…
