Co-authored by Jeremy W. Stewart and Robert S. Whitman
“Individual liability.” It’s an ugly phrase that should be avoided in civilized conversation, especially among business owners and company executives. The Second Circuit sent a chilling reminder this week about that unpleasant prospect that should make employers and business owners pay attention: In Irizarry v. Catsimatidis (here), the court held
Authored by Jeffrey Glaser
The Eleventh Circuit Court of Appeals issued a decision last week that could substantially reduce the amount of damages available for FLSA retaliation claims. In Moore, et al. v. Pak, an Eleventh Circuit panel held that district courts in that circuit (Alabama, Florida and Georgia) have the discretion to deny liquidated damage awards to plaintiffs
Authored by Kara Goodwin
A recent National Economic Research Associates (“NERA”) report, “Trends in Wage and Hour Settlements: 2011 Update,” quantified what most working in the wage-hour litigation field already knew ─ wage and hour cases continue to be a source of potential liability for employers. The report identified 107 settlements of wage and hour cases in 2011, slightly more
Continue Reading Wage and Hour Cases ─ Not Going Away Anytime Soon
Seyfarth Shaw’s Wage & Hour Litigation Practice Group
Following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion and Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., nearly all federal courts have enforced agreements to arbitrate FLSA claims. A few courts, however, have refused to apply Concepcion and Stolt-Nielsen to FLSA claims by relying on two arguments that most defendants
Co-authored by Brett Bartlett and Julie Reyes
In a landmark decision whose influence may rival its 1982 ruling in Lynn’s Food Stores that FLSA claims can only be settled with DOL or court supervision, the Eleventh Circuit Court has held that a plaintiff may not recover attorney’s fees and costs as a “prevailing party” under federal wage and hour law