Fair Labor Standards Act, Third Edition, with 2017 Cumulative 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.

Meet The Authors

Ellen C. Kearns
Co-Editor-in-Chief (Third Edition)
Aaron D. Kaufmann
Co-Editor-in-Chief (Third Edition & 2017 Supplement)
Dennis M. McClelland
Co-Editor-in-Chief (Third Edition & 2017 Supplement)
Nantiya Ruan
Co-Editor-in-Chief (2017 Cumulative Supplement)


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. 


Chapter 1. A Brief History of the Fair Labor Standards Act

Chapter 2. Operations and Functions of the Department of Labor

Chapter 3. The Employment Relationship

Chapter 4. Employer Coverage

Chapter 5. White-Collar Exemptions

Chapter 6. Other Statutory Exemptions

Chapter 7. Agricultural Exemptions

Chapter 8. Compensable Hours

Chapter 9. Minimum Wage Requirements

Chapter 10. Overtime Compensation

Chapter 11. Government Employment

Chapter 12. Child Labor

Chapter 13. Retaliation

Chapter 14. Recordkeeping

Chapter 15. Department of Labor Enforcement and Remedies

Chapter 16. Litigation Issues

Chapter 17. Collective Actions and “Hybrid” Class Actions


The 2017 Cumulative Supplement updates the treatise with coverage of new developments in topics including:

  • Compensable time of trainees, interns, and volunteers, including student athletes
  • Circuit treatment of the 2011 DOL Regulations regarding Section 3(m) tip credits
  • Eleventh Amendment immunity
  • FLSA retaliation, including retaliation faced by immigrant workers
  • Counterclaims against government employers, including countersuits against the DOL for various alleged harms
  • Conditional certification and decertification, including misclassification cases and common corporate policy requirements
  • Judicial review of FLSA settlements, including confidentiality, breadth of releases, and reasonableness of attorneys’ fees
  • Validity of arbitration agreements, including the union context and class treatment
  • FLSA Notice, including corrective notice


Bloomberg Law 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 and Oakland, CA.

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

Nantiya Ruan is Of Counsel at Outten & Golden LLP and is a professor at the University of Denver, Sturm College of Law, Denver, CO.


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


Read what others have to say about this Bloomberg BNA book.

“This exhaustive two-volume treatise explores every facet of the Fair Labor Standards Act. An essential tool for any labor lawyer or attorney representing employers, labor unions, government entities, or private parties who wishes to understand the precise applications of specific provisions of the Act.”

Kendall F. Svengalis

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