Searching Content indexed under Employment Litigation/ Tribunals by Noah Finkel ordered by Published Date Descending.
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Illinois Supreme Court Opens Floodgates For Damages In Class Actions Alleging Violations Of The Illinois Biometric Information Privacy Act ("BIPA")
The Illinois Supreme Court has held that a person need not have sustained actual damage beyond technical violations of BIPA, in order to pursue claims for damages.
United States
31 Jan 2019
Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language
Employers seeking to show that they correctly have classified an employee as exempt from the FLSA's overtime requirements often have faced hostility from courts under the misimpression that FLSA exemptions must be "construed narrowly."
United States
4 Apr 2018
Noah Finkel, Colton Long, Kyle Petersen And John Giovannone Authored An Article In Employment Law Strategist
Noah Finkel, Colton Long, Kyle Petersen and John Giovannone authored a November 1 article in Employment Law Strategist, "The FLSA's Overtime Provisions."
United States
10 Nov 2017
Class Waivers At The Divided Supreme Court: Employers Cautiously Optimistic
Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions.
United States
11 Oct 2017
Will The Supreme Court Finally Remove Doubt That An Employer Can Mandate That Employees Enter Into Arbitration Agreements With Class Waivers?
The Court's decision -- expected in early 2018 -- could significantly alter the landscape of multi-claimant employment litigation more than any other development in recent memory.
United States
29 Sep 2017
Can We Finally Retire The Notions Of Construing The FLSA's Overtime Provisions Broadly But Its Exemptions Narrowly?
FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly.
United States
10 Aug 2017
No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments For Meal Breaks Can Offset Alleged Off-the-clock Work
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work time.
United States
21 Jun 2017
Classifying A Loan Underwriter As Exempt Is A Risk Worth Taking, Says Sixth Circuit
The demise of bank loan underwriters' exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank.
United States
14 Mar 2016
Lifting The Weight: Conditional Certification Denied For Personal Trainers Claiming Off-The-Clock Work
The trainers in Steger v. Life Time Fitness, Inc. alleged that Life Time had an unofficial policy of intimidating and pressuring trainers to work off the clock.
United States
1 Feb 2016
Meowing Dogs And Barking Cats: Supreme Court's Grant Of Cert On Exempt Status Of Automobile Service Advisors May Result In Reminder That Exemptions Are Functional And Flexible
The U.S. Supreme Court recently agreed to resolve the question of whether "service advisors" at car dealerships are exempt from the Fair Labor Standard Act's ("FLSA") overtime pay requirements.
United States
1 Feb 2016
Reports Of The Death Of The Mootness Maneuver Are Greatly Exaggerated
To be sure, the Court's ruling narrows the grounds on which a defendant can obtain an early dismissal of a class or collective action by making a Rule 68 offer of complete relief to the class representative.
United States
22 Jan 2016
So What About Those "BlackBerry Claims" We've Been Worried About?
BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren't going away any time soon.
United States
18 Dec 2015
Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat
It is not every day that multi-million dollar wage and hour class action judgments get reversed.
United States
7 Sep 2015
MLB Fanfest Volunteers Strike Out At Second Circuit Under FLSA's Seasonal Amusement Or Recreational Establishment Exemption
Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest is an "establishment" for purposes of the FLSA's seasonal amusement or recreational establishment exemption, 29 U.S.C. § 213(a)(3).
United States
24 Aug 2015
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