On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints made to a government agency). In Greathouse v. JHS Security, Inc., the appeals court cited both Supreme Court
Second, Third Circuits Tighten FLSA Pleading Standards, Challenge “Barebones” Complaints
Apologies to John Steinbeck, but in some ways, both 2013 and 2014 have been the winters of FLSA plaintiffs’ discontent on the East Coast. Last summer, the Second Circuit (which covers New York, Connecticut, and Vermont) issued a number of decisions tightening pleading standards under the Supreme Court’s decisions in Iqbal and Twombly. In
Department of Labor Brief Provides More Guidance on Interns
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private employers must meet each point in a six-factor test for an internship to qualify as unpaid under the Fair Labor