The D&O Diary

The D&O Diary

A PERIODIC JOURNAL CONTAINING ITEMS OF INTEREST FROM THE WORLD OF DIRECTORS & OFFICERS LIABILITY, WITH OCCASIONAL COMMENTARY

Category Archives: Fair Labor Standards Act

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Second Circuit Enforces FLSA Class Action Waiver

Posted in Fair Labor Standards Act
Earlier this summer when the U.S. Supreme Court issued its opinion in Italian Colors v. American Express, in which the Court enforced a class action waiver in an arbitration agreement to compel the claimants to arbitrate their antitrust claims, the decision seemed likely to have widespread impact even outside the antitrust context. On August 9, 2013, in a … Continue Reading

Wal-Mart Decision, Wage & Hour Cases Continue to Roil Employment Practices Litigation Arena

Posted in Fair Labor Standards Act
The U.S. Supreme Court’s 2011 decision in Wal-Mart Stores v. Dukes continues to agitate the employment practices litigation arena while at the same time both EEOC enforcement activity and wage and hour litigation continue to surge, according to the annual review of workplace litigation by the Seyfarth Shaw law firm. The law firm’s January 14, … Continue Reading

U.S. Supreme Court Decides Wage & Hour Case: Pharmaceutical Sales Personnel Not Entitled to Overtime Pay

Posted in Fair Labor Standards Act
On June 18, 2012, in an opinion written by Justice Samuel Alito for a 5-4 majority, the U.S. Supreme Court held that pharmaceutical sales representatives are not entitled to overtime pay. The question before the Court was whether or not the sales reps were employed “in the capacity as outside salesmen” and therefore within an exemption … Continue Reading

Notes from Around the Web

Posted in Enron, Fair Labor Standards Act
FLSA "Explosion": The June 5, 2006 issue of the Wall Street Journal has an article (subscription required) commenting on the "explosion" in cases under the Fair Labor Standards Act (FLSA). The article also contains statistics showing the number of FLSA actions increased four-fold between 2000 and 2005. EPL insurers have been struggling to find the … Continue Reading