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Fair Labor Standards Act Employment Law Series edition by LandMark Publications Professional Technical eBooks

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THIS CASEBOOK contains a selection of 244 U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Fair Labor Standards Act. The selection of decisions spans from 2004 to the date of publication.

Nearly seventy years ago, the Supreme Court wrote that the "the prime purpose" of the [Fair Labor Standards Act] is "to aid the unprotected, unorganized and lowest paid of the nation's working population; that is, those employees who lacked sufficient bargaining power to secure for themselves a minimum subsistence wage." Brooklyn Sav. Bank v. O'Neil, 324 U.S. 697, 707 n. 18, 65 S.Ct. 895, 902 n. 18, 89 L.Ed. 1296 (1945). The Court explained that Congress passed this law as

a recognition of the fact that due to the unequal bargaining power as between employer and employee, certain segments of the population required federal compulsory legislation to prevent private contracts on their part which endangered national health and efficiency and as a result the free movement of goods in interstate commerce.

Id. at 706-07, 65 S.Ct. at 902. Bailey v. TitleMax of Georgia, Inc., 776 F. 3d 797 (11th Cir. 2015).

The FLSA requires employers to pay their employees "at a rate not less than one and one-half times the regular rate" for work exceeding forty hours per week. 29 U.S.C. § 207(a)(1). Employers who fail to do so may be liable to their affected employees "in the amount of their . . . unpaid overtime compensation" and "in an additional equal amount as liquidated damages." 29 U.S.C. § 216(b). . . . And the FLSA entrusted enforcement to those employees "If there shall occur violations of either the wages or hours, the employees can themselves . . . maintain an action in any court to recover the wages due them. . . . [Section 216 of the FLSA] puts directly into the hands of the employees who are affected by violation the means and ability to assert and enforce their own rights. . . ." Id. at 706 n. 16 (quoting 83 Cong. Rec. 9264 (statement of Rep. Kent Keller)). Moran v. Al Basit LLC, (6th Cir. 2015).

To prevail in an FLSA overtime suit, a plaintiff must prove, by a preponderance of the evidence, that he "performed work for which he was not properly compensated." Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 687 (1946), superseded by statute on other grounds, Portal-to-Portal Act of 1947, Pub. L. No. 80-49 § 4(a), 61 Stat. 86-87 (codified at 29 U.S.C. 254(a)), as recognized in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513, 516-17 (2014). As the Supreme Court has noted, "[t]he remedial nature of this statute and the great public policy which it embodies, however, militate against making that burden an impossible hurdle for the employee." 328 U.S. at 687. Moran v. Al Basit LLC, ibid.

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Fair Labor Standards Act Employment Law Series edition by LandMark Publications Professional Technical eBooks

This book provides the leading FLSA cases from the various circuits. The only drawback is that the cases are organized by Circuits rather than by topics.

Product details File Size 5216 KB Print Length 560 pages Simultaneous Device Usage Unlimited Publisher LandMark Publications (July 21, 2015) Publication Date July 21, 2015 Sold by  Digital Services LLC Language English ASIN B012B9H3RU

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Fair Labor Standards Act Employment Law Series edition by LandMark Publications Professional Technical eBooks Reviews

This book provides the leading FLSA cases from the various circuits. The only drawback is that the cases are organized by Circuits rather than by topics.