Earlier this week, the Sixth Circuit released an interesting opinion addressing the use of representative evidence in “collective actions” brought under the Fair Labor Standards Act. As discussed below, the Court held that uniform testimony from dozens of individual employees can establish liability without the need for statistical evidence. At the same time, the decision … Continue Reading
The FLSA provides that administrative employees are exempt from overtime pay. The FLSA described an administrative employee as one who 1) is paid a salary of at least $455 per week; 2) primarily performs work related to management; and 3) performs duties which primarily require the exercise of discretion and independent judgement. In Lutz v. … Continue Reading
Yesterday, the Sixth Circuit issued a published opinion in Ruffin v. MotorCity Casino, in which the court held that casino security guards’ meal breaks, during which they were required to stay on casino property and monitor their two-way radios, were not spent “predominantly for the employer’s benefit,” and so not compensable under the Fair Labor … Continue Reading
Last week, Judge Posner, writing on behalf of the Seventh Circuit, disagreed with the Sixth Circuit when examining whether, in cases where a collective bargaining agreement does not provide for compensation for the time a worker spends putting on protective clothing to start his shift, the time spent walking from the locker room to the work … Continue Reading
Earlier this week, the U.S. Supreme Court sided with the Sixth Circuit and resolved one of two Circuit splits involving interpretation of the Fair Labor Standards Act (“FLSA”), 52 Stat. 1060, 29 U.S.C. § 201 et seq., which sets forth rules governing minimum wages, maximum hours, and overtime pay. The FLSA contains an anti-retaliation provision … Continue Reading
