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Court Opinions

Texas Decision Blocks Immigrants’ Bid for Birth Certificates for Citizen Children

Every now and again, I have to bring your attention to decisions plaguing businesses in wage and hour and immigration in this country, as I did last month with the lack of a “dependent contractor” classification under the FLSA. Not ...

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Kaplan law school test prep case tests bounds of FLSA Outside Sales exemption

Lawyer readers of the blog will remember BarBRI, Kaplan, and other bar prep providers hawking prep classes, flash cards, practice tests, and more to help law students get through exams and the bar. You also probably remember who their salespeople ...

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Pre-Shift Safety Meetings Not Compensable Under FLSA After Integrity Staffing, Says Court

We seem to have talked quite a bit lately about the Supreme Court’s interpretation of “integral and indispensable” activities under the Portal-to-Portal Act in Integrity Staffing Solutions, Inc. v. Busk, but with good reason.  The decision is having a broad impact on ...

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Ninth Circuit’s FLSA Pre Shift Activity Decision Shows Value of Integrity Staffing Standard

Last month, I mentioned that the Supreme Court’s unanimous decision in Integrity Staffing v. Busk has its limits.  That does not mean that the case has no utility whatsoever.  The Court’s formulation of work that is “integral and indispensable” is ...

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Tip Credits, Tip Pooling Continue to be Hot Issues in FLSA Litigation

The hospitality industry is ground zero for many of the hottest wage and hour issues under the FLSA and state laws, both in lawsuits filed by plaintiffs’ attorneys and in federal and state department of labor investigations. Tip credit and ...

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Fifth Circuit’s FLSA Meal Break Decision Exposes Limit of Supreme Court’s Integrity Staffing Decision

Yesterday, I profiled Naylor v. Securiguard, a Fifth Circuit decision with a seemingly unique fact pattern (security guards on a naval base) with potentially broader impact.  As I mentioned yesterday, Naylor exposes some of the limits of Integrity Staffing Solutions, Inc. v. ...

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Travel-shortened meal breaks may be compensable under FLSA says Fifth Circuit

It’s more cult classic than a summer blockbuster, but one of my favorite movies is 2000’s “O Brother, Where Art Thou?” starring George Clooney. To me, it is the Coen brothers at their finest. Loosely based on Homer’s “Odyssey,” the movie follows ...

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