Authored by Brett Bartlett
Seyfarth Synopsis: The Fourth Circuit Court of Appeals recently set forth a new standard for determining whether two or more businesses may be held responsible as joint employers for overtime pay due to a single worker because they are joint employers. Although more expansive than other courts’ standards — and even more so than former Wage
Continue Reading Wait! Did the Fourth Circuit Just Define FLSA Joint Employment More Broadly Than Obama’s DOL?
Co-authored by Arthur Rooney and Abad Lopez
In a victory for limiting the avenues available to employees covered by collective bargaining agreements, the Fourth Circuit Court of Appeals held that federal law preempts state law claims for unpaid wages where a CBA is implicated. As a result, the Fourth Circuit reversed a jury verdict in favor of unionized employees in
Continue Reading Company Cries “Fowl” Over Jury Verdict, Fourth Circuit Agrees — Poultry Workers’ State Law Wage Claims Are Preempted by Federal Law
Authored by Ed Bergmann
Last Friday, the Fourth Circuit issued an unpublished per curiam decision in Kulish v. Rite Aid Corporation and Eckerd Corporation [here], which affirmed a decision by the District of Maryland [here] that took a practical approach to the “salary basis” requirement for white-collar exempt employees. The FLSA’s salary basis regulations require most
Continue Reading No Salary-Basis Side Effects for Rite Aid’s Time-Off Prescription
Authored by Robert S. Whitman
In a decision that management lawyers hope was not an April Fool’s prank, the Fourth Circuit earlier this week upheld an arbitration agreement with a class action waiver, reversing a district court decision that held the waiver unenforceable.
In so holding, the appeals court signaled its continued adherence to the holding in AT&T Mobility LLC
Continue Reading Concepcion Prevails Again: Class Action Waiver Upheld by Fourth Circuit
Co-authored by Richard Alfred and Kevin Young
Since the Supreme Court decided Dukes v. Wal-Mart in June 2011, litigants have wrestled over its impact on wage-hour class and collective actions. Plaintiffs typically argue that Dukes should be limited to its context—a mega Title VII discrimination case brought as a Rule 23(b)(2) class action. Defendant-employers respond—correctly in our view—that the principles
Continue Reading Fourth Circuit Tells Wage and Hour Plaintiffs to Put Up With Dukes