Some low hanging fruit for the plaintiffs’ bar is an employer who simply doesn’t pay the right wage rate. That happens more often than you think, especially in states like
Continue Reading Want to Trigger a Wage-and-Hour Class Action? Try Not Paying the Right Minimum Wage!Collective Action
DOL Increases Salary Threshold for FLSA Exemption – What Comes Next?
On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect…
Continue Reading DOL Increases Salary Threshold for FLSA Exemption – What Comes Next?EEOC and DOL/WHD Sign Formal Cooperation Agreement
The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies…
Continue Reading EEOC and DOL/WHD Sign Formal Cooperation AgreementCollective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly Situated
The Sixth Circuit has adopted a new approach for determining whether notice to “potential plaintiffs” can be sent out in collective actions brought under the Fair Labor Standards Act (FLSA)…
Continue Reading Collective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly SituatedConditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit
Conditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit
The Western District of Texas recently denied a plaintiff’s motion to authorize notice to…
Continue Reading Conditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth CircuitSupreme Court: Highly Compensated Employees Paid a Daily Rate Must Be Paid a Salary to Retain Exempt Status
The recent US Supreme Court decision in Helix Energy Solutions Group, Inc. v. Hewitt has significant implications for employers in industries that commonly pay employees using salaried day rates, such…
Continue Reading Supreme Court: Highly Compensated Employees Paid a Daily Rate Must Be Paid a Salary to Retain Exempt Status