Apple scored a decisive wage-and-hour victory when a California district court recently tossed a class action in which the plaintiff employees sought compensation for time spent undergoing exit bag searches to ensure they were not stealing Apple products from work. In Amanda Frlekin, et al. v. Apple Inc., the court determined that employee time
Sixth Circuit Takes the Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption for Overtime
Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2, that farm workers involved in the growing of bait worms are exempt overtime under the Fair Labor Standards Act (FLSA). The Silver Bait farm in rural Tennessee houses, grows and packages bait worms
The Internship 2: Now Paid? Viacom Pays Record Settlement on Intern Lawsuit
Viacom recently announced a settlement of $7.2 million dollars to end litigation by numerous unpaid interns for the Company’s television networks. In 2013, two former interns sued Viacom claiming that it violated the Fair Labor Standards Act (FLSA) and other state statutes by classifying them as “interns” (who are not paid) instead of actual employees.
Better Warn Santa’s Elves—US Supreme Court Rules that Amazon Does Not Have to Pay Workers to Stand in Security Line at the End of the Day
Yesterday, the U.S. Supreme Court unanimously held that Amazon does not have to pay its temporary warehouse workers for the time that they spend waiting in line to go through security checks as they leave the facilities. The workers’ class-action lawsuit claimed that they had to undergo end of shift screenings to prevent theft and
Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage
A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I schools, asserting that student athletes are temporary employees owed minimum wage under the Fair Labor Standards Act (FLSA). On behalf
But Wait . . . My Workers Are Independent Contractors, Right?
Following the U.S. Department of Labor’s recent release of its Memorandum of Understanding (“MOU”) with the Alabama Department of Labor, employers should not rest easy simply because they classify their workers as independent contractors. DOL’s Misclassification Initiative seeks to prevent, detect and remedy employee misclassification and it has entered similar agreements with 15 other
Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim
Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held on August 5, 2014 that an “unauthorized alien” has standing to bring a retaliatory discharge claim against an employer under Tennessee