UniTek argues $3.8m FLSA award cannot stand in light of Seventh Circuit decertification decision *

USA - March 28 2013
In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC…

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Eighth Circuit: FLSA does not preclude enforcement of class action waiver *

USA - January 15 2013
In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling…

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Second Circuit rules that pharma rep's promotion of drug for off-label use is protected speech *

USA - December 7 2012
The Second Circuit's December 3, 2012 decision in United States v. Caronia, No. 09-5006-CR, could cause a sea change in the growing number of prosecutions brought by the government to prevent the off-label promotion of drugs by pharmaceutical companies and their employees.

Co-authors: Liz Stamoulis.

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Can subsequent Wal-Mart class actions survive? Texas federal court says “no” *

USA - November 3 2012
On October 28, 2011, in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) denying class certification to plaintiffs seeking to represent a group of over 1.5 million women in a gender discrimination action against Wal-Mart, Stephanie Odle and six other named plaintiffs filed another action in the United States District Court for the Northern District of Texas on behalf of themselves and all others similarly situated.

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Amendment to New York Labor Law permits additional wage deductions for employers *

USA - September 19 2012
On September 7, 2012, Governor Cuomo signed into law an amendment to New York Labor Law 193, which permits employers to make additional deductions from employees' paychecks.

Co-authors: Christy Nixon.

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