The most comprehensive coverage of this rapidly growing area of labor and employment law
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. This book contains discussion of:
- Collective action litigation brought under the FLSA by individual private plaintiffs
- “Hybrid” actions involving both state and federal law claims
- Elements of enforcement actions and litigation brought by the Secretary of Labor
It also includes:
- 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, the FLSA coverage now 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 the 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 2011 Supplement provides the latest updates on the case law and regulations. The Supplement:
- Covers the significant case law developments—both at the circuit and district court levels—and Department of Labor opinions from June 2009 through May 2010, plus several later appellate and U.S. Supreme Court decisions
- Incorporates the Department of Labor regulations issued on April 6, 2011
- Analyzes the U.S. Supreme Court’s landmark decision in the retaliation case, Kasten v. Saint-Gobain Performance Plastics Corp.
- Discusses the latest developments in overtime exemptions, including the string of decisions addressing pharmaceutical representatives
- Tracks the continuing development of what constitutes compensable time, following the U.S. Supreme Court’s decision in IBP, Inc. v. Alvarez
- Updates the new Chapters 19 and 20 on collective action and “hybrid”/“combined action” litigation issues
Main Volume Information
2010/2 Volumes/2,230 pp. Hardcover/Order #9871
Supplement Information
2011/ISBN 9781570188718/Order #1871
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; David Borgen, J. Derek Braziel, Joel M. Cohn, Susan Nadler Eisenberg, Elizabeth C. Lawrence, Gregory K. McGillivary, Nathan J. Oleson, Lawrence Peikes, Reed L. Russell, Sam J. Smith, Kenneth Sugarman, J. Nelson Thomas, Senior Editors