Co-authored by Arthur Rooney and Jessica Schauer Lieberman
Are work clothes “clothes” under the FLSA? And how much weight should be given to the Department of Labor’s opinion on this issue, especially when that opinion has changed more than once?
Yesterday, the Supreme Court agreed to answer these questions when it agreed to review the Seventh Circuit’s decision in Sandifer
Continue Reading It Will Be A “Clothes” Call: Supreme Court to Decide if Work Clothes, Are “Clothes”
Co-authored by Laura Reasons, Giselle Donado, and Noah Finkel
In an opinion likely to make it more difficult for wage-hour plaintiffs to certify a class action and maintain certification of a collective action, the Seventh Circuit affirmed the Western District of Wisconsin’s decertification decision in Espenscheid v. DirectSat USA, LLC on the grounds that trial was not manageable
By: Louisa Johnson
It is common for one or more named plaintiffs to bring a wage and hour lawsuit as a putative class or collective action but then settle with the defendant-employer on an individual basis. This may happen because the named plaintiffs and defendant settle before a class certification motion is brought. It may also happen because the named
Authored by Arthur Rooney
Under FLSA section 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement. Accordingly, to determine whether the exemption applies, courts often have to decide whether certain items, such as protective boots and aprons
Co-authored by Richard Alfred and Jessica Schauer
The Seventh Circuit ruled yesterday that pharmaceutical sales representatives (“PSRs”) for Eli Lilly & Co. and Abbott Laboratories Inc. are exempt from overtime under the Fair Labor Standards Act (“FLSA”) under the Administrative Exemption. The timing of the decision comes as a surprise in light of the fact that the exempt status of
In the latest installment of a long running saga involving the stainless steel drums in Sears Kenmore clothes dryers, the U.S. Court of Appeals for the Seventh Circuit utilized the All Writs Act, 28 U.S.C. 1651(a) (link) to halt class action litigation pending in the U.S. District Court for the North District of California, as well as future class actions
Continue Reading Seventh Circuit Enjoins Copycat Class Action