May 30, 2018 | Business Litigation, Employment Law
On May 21, 2018, the United States Supreme Court, in a 5-4 decision in Epic Systems Corp. v. Lewis, held that arbitration agreements containing class action waivers are enforceable and do not violate the National Labor Relations Act (NLRA). This decision resolved...
May 19, 2017 | Business Litigation
On May 15, 2017, the United States Supreme Court issued a 7-1 decision in Kindred Nursing Centers Ltd. Partnership v. Clark, wherein it reversed a ruling from the Kentucky Supreme Court that attempted to circumvent the Federal Arbitration Act (“FAA”). The...
Nov 4, 2016 | Business Litigation, Employment Law
On October 17, 2016, in a case brought under the Americans with Disabilities Act (“ADA”), the Eighth Circuit Court of Appeals held that a disabled employee may be entitled to “reasonable accommodations,” even if she does not expressly request specific accommodations,...
May 2, 2016 | Business Litigation, Employment Law
The Fair Labor Standards Act (“FLSA”), in pertinent part, sets a national minimum wage that employers must pay all employees who perform the kinds of activities covered by the Act. However, although the FLSA broadly defines “employ” as “to suffer or permit to work,”...
Apr 5, 2016 | Business Litigation
On March 22, 2016, the U.S. Supreme Court issued its highly-anticipated decision in Tyson Foods, Inc. v. Bouaphakeo, a collective action brought under the overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The named plaintiffs in Tyson Foods were...
Feb 12, 2016 | Business Litigation
For most workers, the Fair Labor Standards Act (“FLSA”) guarantees a minimum wage and overtime pay at a rate of not less than one-and-a-half times the employee’s regular rate for all hours worked over the standard forty (40) hours per week. However, for certain...
