Brett S. Krantz and Kyle D. Stroup | Feb 21, 2020 | Articles, Litigation & Arbitration
For years, many companies have entered into agreements with their employees which call for individual arbitration of all employment claims. The corporate entities likely concluded that these arrangements both precluded class-action claims and lowered the likelihood of...
Robert S. Gilmore and Kirsten B. Mooney | Jan 14, 2020 | Articles, Labor & Employment
On December 12, 2019, the U.S. Department of Labor announced its first significant update to the “regular rate” requirements under the Fair Labor Standards Act (FLSA) in more than 50 years. These “regular rate” requirements are important and tell employers what to...
Robert S. Gilmore and Kirsten B. Mooney | Oct 14, 2019 | Articles, Labor & Employment, News
This is an update of KJK’s previous article, Proposed Department of Labor Rule Could Have Significant Impact on Businesses. On September 24, 2019, the Department of Labor announced its final new rule regarding the overtime exemptions of the Fair Labor Standards Act...
Robert S. Gilmore and Kirsten B. Mooney | Jun 21, 2018 | Articles, Labor & Employment
By Rob Gilmore and Kirsten Mooney Since its 2012 decision in D.R. Horton, 357 NLRB 227, the National Labor Relations Board (NLRB) has held that mandatory arbitration agreements that contain class and collective action waivers violate the National Labor Relations Act...
Robert S. Gilmore and Kirsten B. Mooney | May 29, 2018 | Articles, Labor & Employment
By Rob Gilmore and Kirsten Mooney For more than 70 years, courts in all jurisdictions have applied a “narrow” interpretation in determining which employees are exempt from overtime pay under the Fair Labor Standards Act (FLSA). But, a recent decision by the Supreme...