Recent Articles

Understanding TARP Audioconference - November 20

November 13, 2008 18:20

Congress has approved the Emergency Economic Stabilization Act (EESA) to address the nation's recent financial crisis. But many of the details of that relief package remain a work in progress. Particularly in question is the Troubled Assets Relief Program (TARP), the $700 billion in "rescue"...

Making Law and Sausage

October 28, 2008 18:47

Smithfield Foods and its subsidiary Smithfield Packing are no strangers to legal wrangles. Their long-running battle with the United Food and Commercial Workers was resolved, for the time being, by the settlement of Smithfield's racketeering suit against the UFCW: In exchange for an agreement to...

To boot or not to boot? Only if you are paid to boot?

October 28, 2008 18:15

In September of this year, UnitedHealth Group Inc. was sued in Missouri state court by employees in a proposed collective action that alleges various wage and hour violations, including that UnitedHealth failed to pay its employees who work from home for time spent booting up their computers. For...

Independence Day May Not Last

October 16, 2008 19:05

One of the most complex classification issues in the modern workplace is the question of what constitutes an "independent contractor." The most recent example of this in the FLSA context is the October 13 Fifth Circuit decision in Hopkins v. Cornerstone America (No. 07-10952). One might have...

How Inconvenient! 7-Eleven, Inc. Is Sued by a Former Convenience Store Employee under the FLSA for Unpaid Overtime

October 13, 2008 15:52

In a bare bones complaint, Plaintiff Julie Caserio sued her former employer, 7-Eleven, Inc., for unpaid overtime compensation stemming from her employment at a Lee County, Florida 7-Eleven Store. The complaint seeks to recover for unpaid compensation allegedly owed to Ms. Caserio, as well as to...

Rough Seas for Long John Silver's

October 10, 2008 19:21

The Supreme Court has refused to review Long John Silver's Restaurants, Inc. v. Cole, a Fourth Circuit decision involving arbitration of FLSA class claims under an employment contract. In a classic example of a cruise gone awry, the saga began with the filing of a claimed class action in federal...

Turkey Processors Seek Gravy: Allegations in FLSA Include Donning and Doffing Claims

September 30, 2008 20:47

Two current Colorado workers at Butterball, LLC's turkey processing plant have filed a complaint alleging various FLSA and wage and hour act violations, including a claim that they were not paid for the time that they spent donning and doffing protective gear needed for their turkey processing...

IBM Seeks to Move Overtime Class Action to Federal Court

September 25, 2008 21:11

IBM Corporation has filed a notice of removal seeking to transfer an overtime class action lawsuit pending in a California Superior Court to the United States District Court for the Southern District of California. In the notice, IBM states that the suit should be transferred to federal court under...

Charlie Edwards on Panel for Wage and Hour Collective and Class Claims Strategies for Pursuing, Defending and Settling FLSA Actions

September 22, 2008 19:11

FLSA Teleconference - October 8Employment lawsuits, particularly class and collective actions, have exploded in the last few years exposing employers to expensive and time consuming litigation. During 2007, the 10 largest class action wage and hour settlements totaled $319.3 million. In 2006,...