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The Fair Labor Standards Act, Second Edition


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A Supplement to this volume is now available. Order now.

Main Volume Information

With its labyrinth of requirements, the Fair Labor Standards Act (FLSA) can be confusing and difficult. Now, this complex and rapidly expanding area of the law is presented in a single, balanced treatise that will become your reference of first resort as you advise clients, analyze fact patterns, and litigate cases under the FLSA. The Fair Labor Standards Act, Second Edition goes beyond descriptions of FLSA coverage and exemptions to help you determine why and how you should proceed on a particular course for your clients. The treatise contains discussion of collective action litigation brought under the FLSA by individual private plaintiffs; “hybrid” actions involving both state and federal law claims; and elements of enforcement actions and litigation brought by the Secretary of Labor.

It also offers:

  • Point-by-point evaluations of each FLSA exemption
  • Proven steps and strategies for dealing with enforcement, remedies, and litigation
  • Special considerations for determining compensable hours, minimum wages, and overtime pay
  • Discussions concerning Department of Labor (DOL) administration, state and local government coverage, child-labor issues, and recordkeeping
  • Meticulous citations and footnotes-with decisions broken out by circuit

The treatise also provides detailed analysis of a number of critical topics, including the 2004 revisions to the white-collar exemptions, the case law that has come down under the new regulations, and the 2008 SAFETEALU Technical Corrections Act. 

In addition to these developments, coverage includes a detailed description of joint employment and independent contractor status as well as an examination of the economic reality test and individual liability of corporate officers and owners. The chapter on compensable work time takes an in-depth look at preliminary and postliminary time, off-the-clock time, and travel time. Count on The Fair Labor Standards Act, Second Edition to provide practical insights on real-world questions about litigation, remedies, and more that will ensure you are fully informed about this critical law.

Supplement Information  

The 2013 Cumulative Supplement contains important updates including: 

  • Analysis of the U.S. Supreme Court’s decision in Genesis HealthCare Corp. v. Symczyk
  • Recent cases addressing employee versus independent contractor status
  • Developments in case law on joint employer status and individual liability of owners and corporate officers
  • Recent litigation over the compensability of preparatory and concluding work tasks
  • Case law developments on calculating overtime pay when employees have been misclassified as exempt
  • New case law involving who may participate in valid tip pool arrangements
  • Developments in FLSA retaliation law, including cases addressing who can sue and be sued under the FLSA’s anti-retaliation provisions and a survey of district court decisions interpreting Kasten v. Saint-Gobain Performance Plastics Corp.

Main Volume Information

2010/2 Volumes/2,230 pp. Hardcover/ABAWEB1860

Supplement Information

2013/ISBN 978-1-61746-295-5/ABAWEB2295

Main Volume Information

About the Editor-in-Chief  
Ellen C. Kearns is a managing partner at Constangy, Brooks & Smith, LLP, Boston, MA, where she represents management in labor and employment issues.

Federal Labor Standards Legislation Committee, ABA Section of Labor and Employment Law

Supplement Information

About the Editors-in-Chief
Dennis M. McClelland is a partner with Phelps Dunbar LLP, Tampa, FL, where he practices exclusively in the area of labor and employment law representing management, with an emphasis on wage and hour law litigation and consulting.

Aaron D. Kaufmann is a partner with Leonard Carder, LLP, Oakland, CA, where he represents employees in wage and hour class, collective, and individual actions and in other employment-related litigation.
Federal Labor Standards Legislation CommitteeABA Section of Labor and Employment Law