News & Analysis as of

Retaliation Fair Labor Standards Act (FLSA)

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Davis Wright Tremaine LLP

SCOTUS Makes It Harder for Employers to Defend Against Federal Whistleblower Claims

The Supreme Court recently issued a unanimous pro-employee ruling that makes it harder for employers to defend whistleblower claims. In Murray v. UBS Securities, LLC, the Court rejected the argument that an employer must have...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Bradley Arant Boult Cummings LLP

Teaming Up? EEOC and DOL Announce Enhanced Enforcement Efforts

Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

Bond Schoeneck & King PLLC

The Intersection of Employer Counterclaims and Retaliation: An Analysis of the Second Circuit’s Recent Decision in Kim v. Lee

Employers are well aware of the risks a disgruntled employee may pose during their employment and even after their employment has ended. Sometimes, however, employers do not discover an employee’s unscrupulous behavior until...more

Rivkin Radler LLP

The Employment Law Reporter - January 2023

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with...more

Fox Rothschild LLP

How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

Fox Rothschild LLP on

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join a collective FLSA action?...more

Jackson Lewis P.C.

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

Jackson Lewis P.C. on

Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

Epstein Becker & Green

U.S. Department of Labor Issues Field Assistance Bulletin on “Protecting Workers from Retaliation”

The Biden Administration continues to increase administrative agency enforcement initiatives....more

McAfee & Taft

DOL issues new guidance to employers warning about retaliation

McAfee & Taft on

Retaliation continues to be at the top of the federal government’s priority list.  Last month, the U.S. Department of Labor issued a new field assistance bulletin entitled Protecting Workers from Retaliation, which addresses...more

Fox Rothschild LLP

New Emphasis by USDOL On Retaliation: This Is the Hottest Form Of Claimed Discrimination-Employers Need Be Mindful

Fox Rothschild LLP on

It seems that allegations of different types of discrimination or employer wrongdoing run in cycles. There was a time when we saw that claims of racial and ethnic discrimination were in the forefront. Then, it seemed that age...more

Rumberger | Kirk

To Avoid FLSA Retaliation, Don’t Miss the Oral Complaints

Rumberger | Kirk on

The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10,...more

Bowditch & Dewey

U.S. Department of Labor Releases Guidance on Protecting Workers From Retaliation

Bowditch & Dewey on

The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as...more

FordHarrison

EntertainHR: Top 10 Most Viewed Posts of 2021

FordHarrison on

As 2021 winds down, our EntertainHR blog approaches its seven-year anniversary next month. Therefore, in homage of what not to do in the workplace (based on examples of from television, film, and other popular media) and in...more

Locke Lord LLP

Pharmacy Deliveries Remain Target for Independent Contractor Misclassification Claims: October 2021 News Update

Locke Lord LLP on

October was a relatively “slow” month for legal developments in the areas of independent contractor misclassification and compliance. But for companies that engage drivers to distribute pharmaceutical products, a nearly $12...more

Jackson Lewis P.C.

OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Jackson Lewis P.C. on

Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more

Jackson Lewis P.C.

Impact Of COVID-19 Pandemic On Employment Litigation In 2020

Jackson Lewis P.C. on

Most of 2020 has been tumultuous for employers and their management liability insurers and brokers. Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related...more

Parker Poe Adams & Bernstein LLP

Prospective Employees Cannot Bring FLSA Retaliation Claims

As with most federal labor laws, employers cannot retaliate against employees who complain about wage payment violations under the Fair Labor Standards Act. What happens, however, when a prospective employee claims that they...more

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Kelley Drye & Warren LLP

Preparing for COVID-19 Whistleblower and Retaliation Claims

It is a virtual certainty that lawsuits from employees will increase, and likely with emphasis on whistleblower and retaliation claims as states reopen and more employees return to work. Employers need to think ahead and be...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

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