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).
waiver
Wisconsin Supreme Court Rejects Claim That Union Could Not Waive Paid Meal Period Rights On Behalf of Members
By Noel P. Tripp on
Posted in Meal and Rest Breaks, Wisconsin
Unionized employers often enter into agreements with employees regarding compensation for particular hours or break periods. These agreements are reached through bargaining for the mutual benefit of the employer and union members. At times, such agreements can potentially be in tension with Department of Labor regulations regarding hours of work and break periods. The Wisconsin…
State of Vermont Invokes Sovereign Immunity (Finally), Defeats FLSA Collective Action
By Noel P. Tripp on
Posted in Coverage
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…
Contravening Eleventh Circuit, Fifth Circuit Finds No “Supervision” of FLSA Settlements Required Where Other Indicia of Fairness Are Present
By Noel P. Tripp on
Posted in Litigation
For years, the conventional wisdom among FLSA practitioners has been that waiver of FLSA claims requires “supervision,” either from a court or the federal Department of Labor. This supervision requirement dates back to the seminal appellate case on the subject, Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). Since Lynn’s Food…