What Does the Fifth Circuit’s Newly Announced, More Stringent Standard for Certification of FLSA Collective Actions Mean for Employers?

Earlier this month, the Fifth Circuit Court of Appeals issued a decision likely to significantly change the way FLSA collective actions are litigated in Texas, Mississippi, and Louisiana. In Swales v. KLLM Transport Services, the Court tossed the exceedingly permissive and merits-blind standard for so-called “conditional” certification and substituted in its place a rigorous, single-step …read more »

Before Implementing a Layoff, Consider an Unemployment Workshare Program

As employers begin to plan for their employees’ return to work, many are unable to maintain the size of their workforces in light of the ongoing economic downturn. As they plan for layoffs or long-term furloughs, employers should also be aware of the possibility of an unemployment workshare program. The main difference between a layoff …read more »