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The Fair Labor Standards Act, Second Edition

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A Supplement to this volume is also 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 2012 Cumulative Supplement includes:

  • Analysis of the U.S. Supreme Court's decision on the outside salesperson exemption in Christopher v. SmithKline Beecham Corp.
  • Developments in the case law on when donning and doffing protective clothing is compensable and commences the start of the workday
  • Discussion of the growing consensus on the propriety of hybrid/combined FLSA collective and state law class actions
  • New court decisions applying the administrative exemption to customer-service and sales-related positions
  • Developments regarding the Section 7(i) exemption for commission-paid employees, including a discussion of the Third Circuit's decision in Parker v. Nutrisystem
  • District court decisions applying Kasten v. St. Gobain Performance Plastics in FLSA retaliation cases
  • Court treatment of the DOL's interpretations of FLSA regulations
  • Recent decisions on certifying and decertifying collective actions
  • Analysis of the DOL's regulation regarding tipped employees 

Main Volume Information

2010/2 Volumes/2,230 pp. Hardcover/ISBN 9781570188602/ABAWEB1860


Supplement Information

2012/ISBN 9781617460616/ABAWEB2061

Main Volume Information

Ellen C. Kearns, Editor-in-Chief; Federal Labor Standards Legislation Committee,  ABA Section of Labor and Employment Law


Supplement Information

Dennis M. McClelland and Aaron Kaufmann, Editors-in-Chief

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