In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised by the U.S. Secretary of Labor, or (2) a court enters a stipulated…..
On June 14, Governor Rick Perry signed a new law that will preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law (Texas H.B. 1188) amends the Texas Civil Practice and Remedies Code to prohibit most causes of action…..
The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor Standards Act (FLSA) collective action. Owen v. Bristol Care, Inc., No. 12-1719, 2013 WL 57874 (8th Cir. Jan. 7, 2013). With this opinion, the Eighth Circuit joins several other…..
Some people assume, incorrectly, that technology is the be-all and end-all of knowledge management (KM). Technology undoubtedly facilitates KM, since most information is now stored, indexed, and accessed electronically. In fact, according to the International Legal Technology Association’s 2012 Knowledge Management Survey Results, 25% of respondents reported that their company’s…..
On March 27, 2012, a unanimous three-judge panel of the Third Circuit Court of Appeals issued an opinion in Knepper v. Rite Aid, Inc. reversing the district court’s ruling that the plaintiffs could not pursue state wage and hour claims as a Rule 23 class action alongside parallel Fair Labor Standards Act (FLSA) collective action