Publications

Section Newsletter Articles on Fair Labor Standards Act

Double whammy—Employers engaged in systematic wage theft best beware By Glenn R. Gaffney Federal Civil Practice, June 2011 A January, 2011 Seventh Circuit Court of Appeals decision now allows plaintiff class action lawyers to combine FLSA collective “opt-in” actions with state law “opt-out” class actions.
Double whammy—Employers engaged in systematic wage theft best beware By Glenn R. Gaffney Labor and Employment Law, March 2011 Effective January 1, 2011, new amendments to the Illinois Wage Payment and Collection Act establish a two percent penalty of the unpaid wages due an employee for each month of underpaymen, and also now provides that employees need not file a claim with the Department of Labor prior to filing a private right of action.
A snowy day and exempt employees’ pay By Richard A. Russo Labor and Employment Law, March 2011 Under the Fair Labor Standards Act, do exempt employees have to be paid their salary for days they are absent on account of their employer closing the business due to inclement weather? May an employer require exempt employees to use vacation days/paid-time-off for time missed as a result of the employer closing its business due to inclement weather? Apparently “yes,” according to the United States Department of Labor and applicable case law.