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Amanda A. SimpsonBlog Posts

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  • Defining Who Is Part of the FLSA Collective Action Party

    It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party.  In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do anything beyond filing a written consent to become a party plaintiff in a collective action...… Continue Reading
    April 19, 2018
  • OSHA Says Lawsuits Constitute Adverse Action Too

    Not only is the Occupational Safety and Health Administration (OSHA) continuing to crack down on employers suspected of retaliating against employees who blow the whistle and will not hesitate to pursue litigation on behalf of employees, OSHA considers lawsuits against whistleblowers to constitute adverse action for purposes of finding unlawful retaliation. In a case brought...… Continue Reading
    January 11, 2018
  • 11th Circuit Holds Rule 23 Class Actions Can Proceed In Same Suit As FLSA Collective Actions

    In a case for minimum wage and overtime claims, the Eleventh Circuit joined the D.C., Second, Third, Seventh, and Ninth Circuits in holding that a state-law Rule 23 class action may be maintained in the same proceeding as a Fair Labor Standards Act (“FLSA”) collective action.  Calderone, et. al. v. Scott, No. 2:14-cv-00519-JES-CM (11th Cir. … Continue Reading
    September 30, 2016