David T. WileyBlog Posts

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  • DOL Issues Internal Guidance on Telework Under the FLSA & FMLA

    The U.S. Department of Labor (DOL) has issued guidance on the application of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to employees who telework from home or from another location away from the employer’s facility. Field Assistance Bulletin (FAB) 2023-1, released on February 9, 2023, is directed to agency...
    February 27, 2023
  • More On The Federal Effort to Ban Non-Competes: The FTC’s Proposed Rule and the Workforce Mobility Act of 2023

    In the world of restrictive covenants, 2023 got off to a hot start when, in early January, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to broadly ban the use of non-compete covenants nationally. Now, Congress has stepped into the fray, with a bipartisan group of Senators reintroducing a bill that,...
    February 8, 2023
  • 2022 State Elections Result in Several Minimum Wage Changes

    During the November 2022 elections, voters in several locations across the country approved minimum wage increases. Most notably: District of Columbia voters passed the Tip Credit Elimination Act, which, by 2027, will result in the elimination of the tip credit in the District and require employers to pay tipped employees the full minimum wage. Voters...
    November 18, 2022
  • Pandemic-Related Wage and Hour Claims a Focus of JL’s Latest Class Action Trends Report

    Since the COVID-19 pandemic began, thousands of pandemic-related lawsuits, including hundreds of putative class or collective actions, have been filed — and the number continues to grow. A large percentage of those lawsuits involve wage and hour claims, centered around issues including, but not limited to, failure to pay for pre-work COVID-19 screening and testing...
    November 1, 2022
  • FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

    Does a plaintiff’s allegation that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class member, sufficiently constitute being “about to testify” in an FLSA proceeding, such that the former employer’s actions in prohibiting the...
    September 30, 2022
  • Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

    For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL) or through a lawsuit filed by the individual, in which a court of competent jurisdiction...
    August 30, 2022
  • Colorado Governor Signs Non-Compete Bill, Further Limiting Use of Agreements and Increasing Non-Compliance Penalties

    Governor Jared Polis has now signed HB 22-1317, significantly limiting the enforceability of non-compete agreements executed after August 10, 2022 — the law’s effective date — for employers with employees working or living in Colorado. For details of, and a brief Q&A on, the new law, see the articles Colorado Poised to Further Limit Use of...
    June 28, 2022
  • Colorado Senate Passes Non-Compete Bill to Further Limit Use of Agreements and Increase Non-Compliance Penalties

    The Colorado Senate recently passed House Bill 22-1317 which, if enacted into law, would significantly limit the enforceability of any non-compete agreements executed after the law’s effective date for employers with employees working or living in Colorado. If Governor Polis signs the proposed legislation, it could go into effect as early as August 10, 2022....
    May 18, 2022
  • Virginia’s Republican Lawmakers Seek to Reverse State’s Overtime Wage Act

    In March 2021, then-Governor Ralph Northam (D), backed by a full Democratic majority in the General Assembly (Virginia’s legislative body), signed the Virginia Overtime Wage Act, greatly expanding the State’s overtime requirements effective July 1, 2021. Prior to the Act, Virginia adopted the overtime requirements of the federal Fair Labor Standards Act (FLSA). During the...
    February 14, 2022
  • Ninth Circuit Tosses $102 Million Award Against Walmart Alleging California Wage Statement and Meal Break Violations

    In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit recently reversed a $102 million award against Walmart, in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. Magadia v. Wal-Mart Associates, Inc., 2021 U.S. App. LEXIS 16070 (9th Cir. May 28, 2021)....… Continue Reading
    June 17, 2021