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FLSA Lawsuits Hit an All-Time High
May 2, 2011

The number of lawsuits filed under the Fair Labor Standards Act reached an all-time high last year. 

During the 12-month period ending June 30, 2010, 7,028 FLSA lawsuits were filed in federal district courts nationwide, according to statistics recently released by the Administrative Office of the United States Courts.

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8th Cir. Limits Tipped Employees’ Prep Work, Maintenance Duties
April 29, 2011

Waiters, bartenders and other tipped employees may spend no more than 20 percent of their time on “general preparation work or maintenance” duties, such as setting tables, making coffee or washing dishes, a federal appeals court has ruled.

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New FLSA Regulations Reject Bush Administration’s Proposed Changes
April 4, 2011

The U.S. Department of Labor on April 5 will publish updates to its Fair Labor Standards Act interpretive regulations in the Federal Register, to go into effect 30 days later. 

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Store Managers Are Exempt Executives, 4th Cir. Rules
March 30, 2011

A store manager who performed all the tasks necessary for the successful operation of the store and whose income depended on both that success and on her store’s profits is exempt as an executive under the Fair Labor Standards Act, the 4th U.S. Circuit Court of Appeals recently ruled.

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New ADA Employment Regulations Finalized
March 24, 2011

New regulations implementing changes to the Americans With Disabilities Act have been finalized and will take effect in May. The regulations, issued by the U.S. Equal Employment Opportunity Commission, apply the expanded coverage mandated by the ADA Amendments Act.

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Oral Complaints Protected Under FLSA’s Retaliation Clause, Supreme Court Rules
March 22, 2011

Oral complaints by employees about possible employer violations of the Fair Labor Standards Act are protected activities under the Fair Labor Standards Act’s retaliation provision, the U.S. Supreme Court ruled March 22.

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New ADA Regulations Take Effect
March 18, 2011

New regulations from the U.S. Department of Justice took effect March 15, creating new program and facility accessibility requirements for entities subject to Titles II and III of the Americans With Disabilities Act.

Some sections of the new regulations will not take effect until next year, and DOJ has issued a guidance document detailing which rules entities must follow now and which requirements can wait.

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Supreme Court Expands Employers’ Discrimination Liability Under USERRA
March 3, 2011

An employer may be held liable under the Uniformed Services Employment and Reemployment Rights Act for the discriminatory intent of a supervisor who influenced but did not ultimately make an adverse employment action, the U.S. Supreme Court has ruled.

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Supreme Court Declines to Review Nonexempt Status of Pharmaceutical Sales Reps
March 3, 2011

The U.S. Supreme Court has let stand, without comment, a ruling by the 2nd U.S. Circuit Court of Appeals that pharmaceutical sales representatives did not qualify for either the administrative exemption or the outside sales exemption from the overtime pay requirements of the Fair Labor Standards Act.

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