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Business and Employment Law Articles

Are You Entitled To Liquidated Damages If You Prove Your Anti-Retaliation Claim Under the FLSA?

The Fair Labor Standards Act (“FLSA”) requires employers to pay all covered non-exempt employees no less than the current federal minimum wage for all hours worked and overtime pay, at time and one half the regular rate, for all hours worked over 40 in a workweek.

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The False Claims Act and Qui Tam Actions

The False Claims Act, also known as the “Lincoln Law,” was enacted during the Civil War to combat fraud perpetrated by companies that sold supplies to the Union Army. During the Civil War many companies defrauded the U.S. government by selling inferior or defective materials.

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Can You Be Discriminated Against If You Express An Interest In a Job Position But Fail To Apply? Maybe

“Title VII of the Civil Rights Act of 1964 makes it “an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.” Vance v. Ball Sate Univ., 133 S. Ct. 2434, 2440 (2013) (quoting 42 U.S.C. §2000e-2(a)(1)).  For instance, if the reason that your employer passes you up for a promotion or job transfer is based on your race, color, religion, sex, or national origin your rights have been violated pursuant to Title VII.  But what happens if you express an interest in a job position or job transfer but never formally apply?

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Employer’s Attempts to Thwart Employees’ Right to Opt-Into a Collection Action Case: A Cautionary Tale

Section 216(b) of the Fair Labor Standards Act (the "FLSA") requires employers to pay their employees additional compensation at a higher rate for working more than forty (40) hours per week. In addition, the FLSA requires employers to pay their employees no less than the federal minimum wage for each hour worked. Congress passed the FLSA to protect workers from overbearing practices of employers who had greatly unequal bargaining power over their workers. See Roland v. Elec. Co. v. Walling, 66 S. Ct. 413 (1946).

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The FLSA - Balancing Your Rights as an Individual Plaintiff and Your Right To Represent a Class of Similarly Situated Persons

Does a rejection of an offer of judgment for complete relief render a plaintiff's claim moot for purposes of continuing to represent similarly situated employees in a collective action case pursuant to Section 216(b) of the Fair Labor Standards Act?

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Can your rights under the Family Medical Leave Act of 1993 be waived?

Congress enacted the Family Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq. ("FMLA") to "balance the demands of the workplace with the needs of families." 29 U.S.C. §2601(b)(1). The FMLA provides that "an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:" (1) "a serious health condition that makes the employee unable to perform the functions of the position of such employee" or (2) "to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition." 29 U.S.C. §2612(a)(1). An employee on FMLA leave must be reinstated to the position she held before they took FMLA leave. 29 U.S.C. §2614(a). The FMLA prohibits employers from retaliating against employees who exercise or attempt to exercise their rights under the FMLA, 29 U.S.C. §2615(a), and employers who violate the FMLA are subject to damages and equitable relief, 29 U.S.C. §2617(a)(1)(A)-(B).

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