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Third Circuit upholds the motor carrier exemption for drivers who did not, but reasonably could have been expected to, cross state lines

USA - May 20 2015 Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor…


Pennsylvania federal court denies conditional certification in two cases finding no common proof

USA - May 6 2014 In Banks v. RadioShack Corporation, three sales associates filed a putative collective action alleging that the Philadelphia area district manager…


U.S. Supreme Court tackles Rule 68 offers of judgment made to a lead plaintiff in an FLSA collective action

USA - April 22 2013 Last week, a divided U.S. Supreme Court ruled in Genesis HealthCare Corporation v. Symczyk, that if the Fair Labor Standards Act (FLSA) claim of a…

Co-authors: William J. Simmons .


The Third Circuit sets forth new test for joint-employer status under the FLSA

USA - July 12 2012 The Third Circuit recently elaborated on the test for joint-employer status under the Fair Labor Standards Act in the context of a parent company providing shared services to its subsidiaries in In re: Enterprise Rent-a-Car Wage & Hour Employment Practices Litigation, 2012 U.S. App. LEXIS 13229 (3d Cir. June 28, 2012).

Co-authors: Matthew J. Hank.


Third Circuit explains joint employer status under FLSA on "significant control" over essential terms and conditions of employment

USA - July 9 2012 The Third Circuit recently clarified the test for joint employer status under the Fair Labor Standards Act in the context of a holding company providing shared services to its subsidiaries in In re: Enterprise Rent-a-Car Wage & Hour Employment Practices Litigation, 2012 U.S. App. LEXIS 13229 (3d Cir. June 28, 2012).

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