The Fair Labor Standards Act, Third Edition, With 2016 Supplement

The law surrounding the Fair Labor Standards Act has grown exponentially in recent years, and the demand for this two-volume set reflects that growth. This essential tool provides a balanced and comprehensive treatment of the FLSA statute, DOL regulations, and case law regarding private and DOL enforcement and employer obligations. 

Ellen C. Kearns
Aaron D. Kaufmann
Dennis M. McClelland


Now in its Third Edition, and with a reorganized chapter structure, The Fair Labor Standards Act is an essential tool for helping practitioners understand FLSA coverage and exemptions. With this resource, counsel can make informed decisions about why and how to proceed on a particular course for clients. It provides point-by-point evaluations of each FLSA exemption and discusses issues including 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. 

Highlights of the latest edition include: 

  • Updated analysis of the evolving jurisprudence on arbitration of FLSA claims, including arbitration of collective actions
  • Expanded analysis of the Section 7(i) retail sales or service establishment exemption
  • New discussion on FLSA coverage of interns
  • Completely rewritten chapter analyzing independent contractor and joint employer issues

All discussions include meticulous citations and footnotes - with decisions broken out by Circuit.


Supplement Information


The 2016 Supplement updates the treatise with coverage including:

  • The DOL’s new “white collar” exemption regulation
  • Discussion of the Supreme Court’s decision in Encino Motorcars v. Navarro, the exempt treatment of automobile service advisors, and when courts should defer to DOL interpretations of the FLSA
  • Updated discussion of the Motor Carrier Act exemption and the impact of SAFETEA-LU and the Technical Corrections Act
  • Discussion of new DOL Administrator Interpretation on joint employment 
  • Updated case law cases regarding the application of Section 3(m) and DOL regulations with respect to tipped employees 
  • New discussion of DOL investigative procedures and DOL-supervised settlements
  • Updated coverage of arbitration agreements’ impact on FLSA litigation, including recent case law on the enforceability of class and collective action waivers in arbitration agreements
  • Updated case law regarding various FLSA litigation topics, including burden of proof, defenses, damages, and retaliation claims



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Ellen C. Kearns is a partner and the Wage and Hour Practice Group Co-Chair at Constangy, Brooks, Smith & Prophete, LLP, Boston MA.

Aaron D. Kaufmann is a partner at Leonard Carder, LLP, San Francisco CA.

Dennis M. McClelland is a partner at Phelps Dunbar LLP, Tampa FL.


View full tables of contents and read the book’s preface or introduction.