Litigation
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Appellate Law
Unanimous Supreme Court Finds Time Spent for Security Screenings Is Not Compensable
On December 9, 2014, the U.S. Supreme Court issued a unanimous decision providing significant guidance as to what constitutes compensable work under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act. The case, Integrity Solutions, Inc. v. Busk, involved a contractor to Amazon...
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Using Statistics Effectively in Wage and Hour Litigation: An Employer’s Offensive and Defensive Tactics
The plaintiffs’ bar has increasingly used class action litigation in recent years to reap large damages from employers. That increase has not been lacking in wage and hour litigation. Both the collective action under the Fair Labor Standards Act (“FLSA”) and the state-law-based...
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Is the FTC Bucking the Trend? The Propane Settlement as an Expansion of Per Se Illegality
For more than two decades, the Supreme Court has been scaling back the scope of what is considered per se illegal under the U.S. antitrust laws. Until recently, the U.S. Federal Trade Commission ("FTC") and Department of Justice ("DOJ") have seemingly followed suit, if not...
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