In Swales, the Fifth Circuit Court of Appeals set out to clarify the “legal standard that district courts should use when deciding whether to send notice in an FLSA collective action.” Expressly rejecting the two-stage process described above, the Fifth Circuit clarified that: “Two-stage certification of § 216(b) collective actions may be common practice. But practice is not necessarily precedent. And nothing in the FLSA, nor in Supreme Court precedent interpreting it, requires or recommends (or even authorizes) any “certification” process.”
Tag: fair labor standards act
Break Time for Nursing Mothers at Work – A Right or a Privilege?
Many businesses routinely face the question of what to do when a nursing employee asks that she be allowed to take a break to express
Employers Do Not Have to Pay Employees for the Time Spent in a Security Screening After Work, Says the U.S. Supreme Court.
Amazon warehouse employees can’t seem to catch a break. A few years ago, the media was abuzz with the stories about the grueling conditions inside
U.S. Supreme Court Employment Cases to Follow in 2015
In 2015, the U.S. Supreme Court is posed to rule on the following important employment law issues: 1. Integrity Staffing Solutions, Inc. v. Busk – must employers compensate
When Can a Franchisor Be Liable for Overtime and Minimum Wage Violations at a Franchisee’s Business?
Earlier this month, the Fifth Circuit Court of Appeals addressed when a franchisor might be liable for its franchisee’s overtime and minimum wage violations as a “joint employer”
The Fifth Circuit Triples an Overtime Payment Award; Says the Fluctuating Workweek Method Was Not Warranted in a FLSA Misclassification Case
Last Friday, the Fifth Circuit in Black v. SettlePou, PC ruled that the Northern District of Texas erred in applying the Fluctuating Workweek (FWW) method of calculating an overtime payment award