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Searching Content indexed under Trials & Appeals & Compensation by Howard Wexler ordered by Published Date Descending.
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As Second Circuit Buys Into "Fair Interpretation" Of The FLSA, "Narrow Construction" Stalls Out
Seyfarth Synopsis: The Second Circuit's recent rulings in Munoz-Gonzalez v. D.L.C. Limousine Service, Inc. and Flood v. Just Energy Marketing Corp. further demonstrate the impact of the Supreme Court's...
United States
27 Sep 2018
2
District Court Turns The Other "Cheeks" On Parties' Proposed Stipulation Of Dismissal
In Cheeks v. Freeport Pancake House, the Second Circuit held that judicial or DOL approval is required for a valid dismissal of FLSA claims with prejudice.
United States
15 Jul 2016
3
Doing The "Two Step": Court Denies Second Stage Certification Of FLSA Claims
Plaintiffs' counsel frequently speak of the "low" burden necessary at first stage for conditional certification under the FLSA.
United States
15 Apr 2016
4
Seventh Circuit Slams The "Brakes" On The EEOC's Appeal Of AutoZone ADA Defeat
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq....
United States
12 Jan 2016
5
EEOC's Request For Another Bite Of The Apple Rejected At "Mach Speed"
We have previously blogged about the impact of the U.S. Supreme Court's landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015).
United States
23 Dec 2015
6
Meal Break Win In Third Circuit Gives Employers Reason To Be Thankful For More Than Thanksgiving Meals
Plaintiffs in Babcock are corrections officers whose terms and conditions of employment are governed by a collective bargaining agreement.
United States
4 Dec 2015
7
Another One Bites The Dust At "Mach" Speed: EEOC's Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate
We've previously blogged about the impact the U.S. Supreme Court's landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015)...
United States
8 Nov 2015
8
Doing The "Two Step": Court Grants Stage One Conditional Certification Of EPA Collective Action
Eleven current/former female employees brought individual and class claims under the EPA and Title VII alleging disparate pay based on their gender in July of 2012.
United States
14 Sep 2015
9
Show Me The Money: The EEOC Secures Post-Trial Damages Victory In Religious Discrimination Case
With respect to monetary damages, the parties disagreed concerning the level of back and front pay the Charging Party should receive.
United States
1 Sep 2015
10
Show & Tell: Second Circuit Holds FLSA Bars Private Settlements
As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements.
United States
12 Aug 2015
11
If At First You Don't Succeed, Plead, Plead Again…
In an analysis that all corporate counsel would be wise to read, the Court set forth exactly what must be established by a party seeking to have a case dismissed under both Rule 12(b)(1) and 12(b)(6).
United States
7 Aug 2015
12
No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA
Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions.
United States
6 Aug 2015
13
Where's The Beef Part II: Court Refuses To "Butcher" EEOC's Religious Discrimination Claim
To quote former New York Yankee Yogi Berra, "It's like Déjà vu all over again" for JBS, and this time, however, it was not as lucky.
United States
28 Jul 2015
14
Time's Up! Court Refuses To Equitably Toll Statute Of Limitations In EPA Action
The Court began with a primer concerning the difference between collective actions and class actions with respect to the accrual of claims.
United States
27 Jul 2015
15
Time's Up! Court Refuses To Equitably Toll Statute Of Limitations In EPA Action
Eleven current/former female employees brought individual and class claims under the EPA and Title VII alleging disparate pay based on their gender in July of 2012.
United States
21 Jul 2015
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