Section Newsletters

Articles on Fair Labor Standards Act

U.S. Supreme Court finds security screenings not compensable under the FLSA By Jon D. Hoag Labor and Employment Law, February 2016 While the holding in Integrity Staffing is certainly a win for employers, mismanagement of preliminary or postiliminary requirements could lead to union organizing, demands, or other pressure.
Identification of misclassified employees By David Krchak Labor and Employment Law, December 2015 A look at Administrator David Weil’s explanation of the six factors of the "economic realities" test to determine whether a worker is an independent contractor.
U.S. Supreme Court finds security screenings not compensable under the FLSA By Jon D. Hoag Labor and Employment Law, February 2015 While the holding in Integrity Staffing is certainly a win for employers, mismanagement of preliminary or postiliminary requirements could lead to union organizing, demands, or other pressure.
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.
No back pay or front pay available to undocumented workers in a retaliatory discharge proceeding filed under the Fair Labor Standards Act By Joseph M. Gagliardo Federal Civil Practice, May 2004 In Renteria v. Italia Foods, Inc., N.D. Ill. No. 02 C 495, 8/21/03, Judge Kennelly addressed the type of relief that is available to undocumented workers in a retaliation proceeding filed under the Fair Labor Standards Act ("FLSA").

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