Revised FLSA Exemption Rule Which Was to Take Effect December 1, 2016 Blocked Nationwide

The Department of Labor’s (“DOL”) 2016 revisions to the rule determining exemptions from the Fair Labor Standards Act (“FLSA”) were blocked nationwide by a Texas federal district court (“District Court”) on November 22, 2016. The revisions, which were to take effect December 1, 2016, required an employee classified as exempt to be paid at least […]

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U.S. Eleventh Circuit: Job Applicants May Not Sue for Disparate Impact Under the Age Discrimination in Employment Act

In the widely anticipated decision in Villarreal v. R.J. Reynolds Tobacco Co., the United States Court of Appeals for the Eleventh Circuit held that 29 U.S.C. §623(a)(2), the disparate impact provision of the Age Discrimination in Employment Act (“ADEA”), does not apply to job applicants.[1]  Spanning seventy-six pages, the 8-3 en banc decision produced two […]

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OFCCP Again Delays Adoption of Regulations Addressing Construction Industry Employment Practices

On Friday, September 23, 2016, the Office of Federal Contract Compliance Programs (“OFCCP”) announced yet another delay in the adoption of regulations setting forth new nondiscrimination and affirmative action requirements for covered federal contractors in the construction industry. Through responses to Frequently Asked Questions, the OFCCP said that new utilization goals for companies that contract […]

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Rain or Shine: Complying with the Fair Labor Standards Act

Almost without exception, businesses are faced with the question of whether an exempt employee’s salary can be docked because inclement weather has affected its operations and the employee’s ability to come to work. The question comes to mind particularly for business along the nation’s eastern seaboard during hurricane season when regions are impacted by torrential […]

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Vacated for Rehearing En Banc: Whether Job Applicants Can Sue for Disparate Impact Under Age Discrimination in Employment Act Will Be Reheard by Full Eleventh Circuit

As reported in an earlier blog, in Villarreal v. R.J. Reynolds Tobacco Co, a majority of a three-judge panel of the Eleventh Circuit Court of Appeals held that under §623(a)(2) of the Age Discrimination in Employment Act (ADEA), job applicants can sue prospective employers for disparate impact.[1]  This was the first time the question had […]

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How Dare Employees Sue for Overtime Pay When Their Misconduct Damaged Us by Much More? Two Recent Decisions in Florida Provide Guidance Regarding Employer Counterclaims in Employee FLSA Lawsuits

Two recent decisions by the United States District Court for the Southern District of Florida (the “Court” or “S.D. Fla.”) discuss whether an employer may reduce or preclude employee recovery of unpaid wages under the Fair Labor Standards Act (“FLSA”) through an affirmative defense and a counterclaim asserting employee theft, fraud, other misconduct, or breach […]

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