Federal Court Denies Plaintiffs' Motion to Equitably Toll Statute of Limitations in FLSA Claim

In Dolphus v. Servis One, Inc., No. GLR-16-1075, 2018 BL 277246 (D. Md. Aug. 02, 2018), Plaintiffs filed suit against Servis One, Inc. D/B/A BSI Financial Services (“Servis One”) on behalf of themselves and similarly situated current and… Read More
Read More

Employee's Facebook Post Does Not Qualify as Complaint Under the FLSA

In Trigueros v. New Orleans City, 2018 BL 183305, E.D. La., 17-10960, the Court ruled that the plaintiff employee may not move forward with her claim that she was fired in retaliation for commenting on her lack of overtime pay on Facebook, because… Read More
Read More

Plaintiff Survives Motion for Summary Judgment in FLSA Executive Exemption Case

Under the FLSA, an employee is exempt from overtime compensation as an “executive” if: (1) he is compensated on a salary basis at a rate of not less than $455 per week; (2) his primary duty is “management of the enterprise in which the… Read More
Read More

Fourth Circuit Court of Appeals Affirms District Court's Denial to Enforce Arbitration Agreements

The Federal Arbitration Act (FAA) adopted a liberal federal policy favoring arbitration agreements.  The FAA recognizes that arbitration is an expeditious way to resolve disputes and conserve judicial resources.  It accordingly requires that courts… Read More
Read More

Federal Court Dismisses Employer's Counterclaims in FLSA Lawsuit

United States Magistrate Judge Stephanie A. Gallagher recently granted an FLSA Plaintiff employee’s Motion to Dismiss Counterclaims filed by his Defendant employer. Detailed excerpts from the Opinion are presented below. Most importantly, the C… Read More
Read More

Landscape Laborers' FLSA Claims Survive Motion to Dismiss

In Aviles-Cervantes v. Outside Unlimited, Inc., No. CV RDB-16-1214, 2017 WL 3916985 (D. Md. Sept. 7, 2017), Plaintiffs alleged, inter alia, that Defendant Outside Unlimited failed to pay workers for approximately 1–2 hours of work per day for ti… Read More
Read More

United States Court of Appeals' New FLSA Test: Part 2

On the same day that the United States Court of Appeals for the Fourth Circuit issued the Salinas opinion in our previous post, the Court also issued the following opinion further clarifying and applying the new test. In Hall, et al. v. Albrecht, e… Read More
Read More

United States Court of Appeals' New FLSA Test: Part 1

In Salinas, et al. v. Commercial Interiors, Inc., No. 15-1915 (4th Cir. Jan. 25, 2017), the United States Court of Appeals for the Fourth Circuit issued a new test for determining a “joint employer” under the FLSA. FACTS J.I. General Contractors,… Read More
Read More

Texas Judge Blocks Overtime Rule

On November 22, 2016, just days prior to President Obama’s initiative seeking to expand overtime wage protections to 4.2 million workers was set to take effect, Texas District Judge Amos L. Mazzant III issued a nationwide injunction blocking the o… Read More
Read More

Baseball: Hot Dogs, Soda, T-Shirts and the FLSA

Hot Dogs, Soda and T-Shirts.   Or, as the U.S. Court of Appeals for the Second Circuit recently put it, “food, beverages and merchandise.” The Court recently held that Delaware North Companies Sportservice Inc. (“DNC”), which sells f… Read More
Read More

Subscribe to Employer's Toolbox

Join our list to be notified (never more than once a month) when new resources are posted to the Employer's Toolbox





Schedule Consultation

Fill out our online form

closeClose