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Fourth Circuit joins the "half-time" band wagon in calculating back overtime damages

Seyfarth Shaw LLP
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USA
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January 19 2011

Last week, the Fourth Circuit (comprising Maryland, Virginia, West Virginia, North and South Carolina), joined the other five Circuit Courts that have adopted the "half-time" approach to misclassification damages

No "categorical" prohibition against "combined" FLSA collective and Rule 23 class actions

Seyfarth Shaw LLP
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USA
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January 19 2011

The Seventh Circuit ruled yesterday in Ervin v. OS Restaurant Services, Inc., Case No. 09-3029 (Jan. 18, 2011), that “there is no categorical rule against certifying a Rule 23(b)(3) state-law class action in a proceeding that also includes a collective action brought under the FLSA

Supreme Court to decide whether pharmaceutical sales representatives meet the FLSA's outside sales exemption

Seyfarth Shaw LLP
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USA
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November 28 2011

At 10 a.m. EST today, the U.S. Supreme Court announced its decision to grant certiorari in Christopher v. SmithKline Beecham Corp

Massachusetts court finds arbitration class action waiver unenforceable, even under AT&T v. Concepcion

Seyfarth Shaw LLP
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USA
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October 31 2011

A recent Massachusetts Superior Court decision, which invalidated a class action waiver in an arbitration agreement, serves as a warning to Massachusetts employers that arbitration class actions remain possible in this state even if an employer has a class action waiver in its employment arbitration agreement

Massachusetts Supreme Judicial Court rules that mandatory treble damages statute is not retroactive

Seyfarth Shaw LLP
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USA
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September 1 2011

In a decision that will benefit many defendants in wage and hour cases in Massachusetts, the Massachusetts Supreme Judicial Court has declared that a statute mandating automatic treble damages for most violations of the Commonwealth's wage and hour laws only applies to conduct occurring after its effective date of July 12, 2008

Supreme Court update in Christopher v. SmithKline: will the Supreme Court buy DOL's position on the outside sales exemption?

Seyfarth Shaw LLP
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USA
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April 11 2012

As reported previously on this Blog, next Monday, April 16, 2012, the U.S. Supreme Court will hear oral arguments in the case of Christopher v. SmithKline, which involves application of the outside sales exemption under the Fair Labor Standards Act (FLSA) to pharmaceutical sales representatives (“PSRs”

To sell or not to sell: justices split on exemption

Seyfarth Shaw LLP
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USA
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April 16 2012

Seasoned advocates, an engaged bench, and the hottest area of employment law made for an exciting oral argument this morning at the U.S. Supreme Court in the matter of Christopher v. SmithKline Beecham Corp. dba GlaxoSmithKline

A steep learning curve for companies that hire unpaid interns

Seyfarth Shaw LLP
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USA
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February 6 2012

Many employers in today’s business environment have had to make do with fewer employees to meet the constraints of smaller budgets

Supreme Court update in Christopher v. SmithKline: argument set and briefs filed

Seyfarth Shaw LLP
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USA
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February 9 2012

The past two weeks have brought a number of important updates for those watching the Christopher v. SmithKline case, in which the Supreme Court will determine whether pharmaceutical sales representatives are properly classified as exempt from overtime as outside salespersons under the Fair Labor Standards Act (“FLSA”) and whether to defer to the Department of Labor’s (“DOL”) position expressed in amicus briefs that they are not

Supreme Court update: Christopher v. SmithKline -- are petitioners signaling concern?

Seyfarth Shaw LLP
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USA
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June 14 2012

As we await the Supreme Court’s decision in Christopher v. SmithKline following the April 16, 2012 argument, counsel for the plaintiffs (Petitioners before the Supreme Court) filed a letter with the Court that appeared on the docket dated May 25

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