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
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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
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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
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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
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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
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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
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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
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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
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United States Court of Appeals for the Fourth Circuit Issues Landmark Decision

The United States Court of Appeals for the Fourth Circuit recently issued a landmark decision regarding Government Contractors under the Fair Labor Standards Act (“FLSA”).   In Amaya v. Power Design, Inc., No. 15-1691, 2016 WL 42698… Read More
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Recent Court Decision Discusses Employers' Potential Defenses to the FLSA

The United States Court of Appeals for the Fourth Circuit recently affirmed a judgment finding an employer’s violations of the Fair Labor Standards Act (“FLSA”). McFeeley v. Jackson St. Entm’t, LLC, 825 F.3d 235 (4th Cir. 2… Read More
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