The U.S. Court of Appeals for the 3rd Circuit (whose rulings apply to all New Jersey employers) recently concluded that a successor employer could be liable for Fair Labor Standards Act (FLSA) violations committed by its predecessor.
Facts
Patricia Thompson was hired in June 2009 to work as a mortgage underwriter for Security Atlantic Mortgage...
Under an amendment to the Fair Labor Standards Act (FLSA) made by the Affordable Care Act (ACA), employers must provide time for employees to express breast milk in a suitable private location. However, does an employer discriminate if an employee becomes extremely uncomfortable while waiting for access to a designated lactation room? Read on to...
When the facts and the law do not favor employees' claims, they often will emphasize the perceived unfairness of the law and base their arguments on something other than the law's language. That was precisely what happened in a recent Fair Labor Standards Act (FLSA) case from the Mississippi Court of Appeals. Although the facts and the FLSA...
Tax preparers at H&R Block argued that because they had to undergo 24 hours of training to qualify for the job, they should have been paid for the training. Their collective action ended up before the U.S. 8th Circuit Court of Appeals (whose rulings apply to all South Dakota employers). The court carefully considered the matter and rejected...
On March 17, 2014, the 8th Circuit examined the hiring/firing prong of the Fair Labor Standards Act's (FLSA) executive exemption. Specifically, the court found that an employer failed to establish that two employees had the authority to hire/fire workers and it didn't give "particular weight" to their suggestions about personnel decisions. As a...
The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Arkansas employers) recently held that employees were not entitled to compensation for several hours spent completing rehire training certification.
Facts
H&R Block is a tax preparation service provider, and it employs tax professionals who are primarily responsible for...
In February, President Barack Obama issued an Executive Order that will increase the minimum wage for federal contractors to $10.10 per hour. Though most employers weren't immediately affected by this change, the order lends momentum to a broader effort to increase the federal minimum wage for all workers and has already influenced equivalent...
As we noted in last month's newsletter, 2014 continues to be an active year for employment legislation in the Delaware General Assembly. (See "Dealing with Dover" on pg. 1.) The General Assembly has proposed a spate of new laws. Some of the bills would be beneficial to employers, while others would be problematic. Here are some emerging issues for...
Under the Fair Labor Standards Act (FLSA), employees are entitled to wages if they are required by their employer to participate in employment training. However, is the annual refresher training given to H&R Block tax preparers who have not yet been employed for the upcoming tax season compensable time? Read on to learn how the U.S. 8th...
To say AutoZone is having a bad May — litigation-wise — is putting it lightly. Not only has the Equal Employment Opportunity Commission (EEOC) sued AutoZone for the fourth time (in as many years) for alleged violations of the Americans with Disabilities Act (ADA), but the U.S. 9th Circuit Court of Appeals (whose rulings apply to...
