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The Fair Labor Standards Act, Second Edition, with 2012 Cumulative Supplement

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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 is a reference of first resort for advising clients, analyzing fact patterns, and litigating cases under the FLSA. The Fair Labor Standards Act, Second Edition goes beyond descriptions of FLSA coverage and exemptions to help determine why and how to proceed on a particular course for 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 to keep 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/Order #9061P

Supplement Information

2012/480 pp. ISBN 9781617460616/Order #2061

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 Committee, ABA Section of Labor and Employment Law.