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US Supreme Court Hears Oral Arguments Regarding Anti-Retaliation Provisions of FLSA

On October 13, 2010, the United States Supreme Court heard oral arguments regarding whether informal, oral complaints are sufficient to invoke the protections of the Fair Labor Standards Act (FLSA) anti-retaliation provisions. The underlying case, Ka… Read More
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FLSA does not Preempt Wisconsin State Law Claims in Kraft Foods Donning and Doffing Litigation

Putting on and taking off safety gear, better known as donning and doffing, can take a significant amount of time and workers are often not compensated for these activities even though they are required by their employer. Donning and doffing lawsuits… Read More
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Hourly Employees Sue Dollar Tree for Off the Clock Work

On September 1, 2010, two former hourly employees filed a lawsuit against Dollar Tree Stores, Inc, seeking to recover back wages and overtime compensation. Plaintiffs allege that the employees, and others similarly situated were not paid for all time… Read More
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District of Kansas Finds Airplane Mechanics Eligible for Overtime

On August 10, 2010, United States District Court Judge Monti Belot found that Airplane Mechanics did not meet the Professional Exemption, and were entitled to receive overtime compensation under federal law. In June, 2009, David Dressler filed a laws… Read More
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Senate Considers Amendment to FLSA That Would Protect Home Health Workers

This week, Senator Robert Casey (D. Pennsylvania) introduced legislation to afford minimum wage and overtime coverage to the home care worker industry. The legislation aims to protect many employees who went without minimum wage and overtime protecti… Read More
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2nd Circuit Court of Appeals Finds Drug Representatives Not Exempt from Overtime

In a strong victory for Plaintiffs’ rights, on July 6, 2010, the Second Circuit Court of Appeals overturned the District Court’s ruling that Pharmaceutical Sales Representatives were exempt pursuant to the outside sales exemption and/or t… Read More
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Department of Labor Finds that Employees who Wear Safety Equipment Must be Paid to Don and Doff that Equipment

On June 16, 2010 the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2010-2, Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. § 203(o), reversing two prior DOL opinions relating to under what circumstances emplo… Read More
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Department of Labor Increases Wage & Hour Oversight

In her February 2010 presentation of the 2011 budget request for the U.S. Department of Labor, Secretary Hilda L. Solis included funding to hire 90 new investigators for the department’s Wage and Hour Division. These increases will allow the La… Read More
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