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.”
Wage-fixing, i.e., agreeing with competitors that everyone will pay the same wage or will not pay more than a pre-agreed amount, is illegal. Just as companies can’t get together and fix prices for goods, they are also prohibited from fixing prices for services. A recent indictment of a Texas ex-owner of a staffing agency alleging that he engaged in price fixing shows that DOJ and FBI take wage-fixing arrangement seriously. The indicted ex-owner now faces up to 15 years in prison and over a million dollars in fines.
The Fifth Circuit Court of Appeals recently clarified that non-employees do not have standing to sue under Title VII, even if they are an object of intentional retaliation.
The Department of Labor Wage and Hour Division answers Fair Labor Standards Act questions related to COVID-19, including whether and how employers must compensate employees for reduced hours work, telework, and additional expenses associated with working from home.
In the Fifth Circuit, which includes Texas, Louisiana, and Mississippi, Title VII does not prohibit discrimination based on sexual orientation or transgender status
In Texas, an employer can be held liable for its employees’ negligence if, at the time of the accident, the worker was an employee (not an independent contractor) and was acting in the course and scope of his employment.