The first national case for misclassification against Uber has been put to bed. A federal judge in North Carolina gave his blessing yesterday for a $1.3 million deal that closed the litigation and… Read more The U.S. Department of Labor reports that a temporary employee received US$1,152 in post-parking wages and that unspecified “other damage” was caused to what he claimed to be a violation of FLSA Section 7. A few days ago, I came across a short court decision that urged the settlers, in an FLSA appeal, to include an inadmissible provision in the transaction. Vasquez v. T-W Rest., Inc., 2019 U.S. Dist. LEXIS 121129 (S.D.N.Y…. More employers who are trying to include a waiver of the minimum wage and overtime requests under a conciliation agreement must respect a legal principle established in 1945 by the U.S. Supreme Court. At Brooklyn Savings Bank v. O`Neill, 324 U.S.
697 (1945), the Court of Justice clarified that a worker cannot waive a minimum wage or overtime under the Fair Labor Standards Act unless the release is controlled by a court or the U.S. Department of Labor. Earlier this month, the Second Circuit Court of Appeals in Yu v. Hasaki Restaurant Inc. decided that fair labor standards Act (“FLSA”) comparisons would bring legal action through the “offer of judgment” proceeding under Rule 68 of the… In addition, when requesting the waiver of potential rights under the FLSA, an employer must take into account the clear restrictions of the statutes during liquidation in order to obtain a mandatory release and waiver of rights. To discuss these and other wage and scheduling issues, please contact Jackson Lewis` lawyer, with whom you work regularly, or partners Paul J. Siegel or Richard I. Greenberg. Seyfarth Synopsis: The Second Circuit will soon decide on key issues for FLSA practitioners: if comparisons after an offer of judgment are subject to judicial review and judicial authorization and if the standards for… more At the close of 2018, two Federal Court decisions provide urgent guidelines for two sensitive wage and hourly issues, which are increasingly being negotiated at the federal level under the Fair Labor Standards Act (FLSA).
In a… More To support its decision to prohibit the application of an alleged waiver of FLSA claims, the court cited the legislative history of the FLSA and Congress` intention to “protect certain categories of the population from below-average wages and excessive hours… Because of the unequal bargaining powers between the employer and the worker. The Court introduced the recognition of the statutes for the need for “mandatory legislation to prevent private contracts … “national health and efficiency, and thus the free movement of goods in intergovernmental trade.” As the Court made clear, “no one can doubt that a conventional exemption from statutory wages would destroy the objectives of the law.” Brooklyn Savings Bank, 324 U.S. at 706-07. Subsequent decisions found that “private” transaction agreements for unpaid overtime or minimum wage claims also do not exclude actions to liquidate damages under the FLSA. In fact, an “unsupervised” regime leaves the door open to future FLSA claims. The fair Labor Standard Act (FLSA) minimum wage requirements, as well as numerous government laws, including Pennsylvania, allow slanted workers to earn a lower hourly rate than undated workers. These laws… More Seyfarth Synopsis: the second circle found that FLSA comparisons do not require the authorization of a judge in accordance with Rule 68 judgment offers.
The Court distinguishes such comparisons from Article 41, which provide for dismissals that… over last month I reported that U.S. District Judge Kenneth L.