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News | May 24, 2015

REPORTED FLSA CIRCUIT COURT DECISIONS ISSUED SINCE MARCH 14, 2015

Beauford v. ActionLink, LLC, 781 F.3d 396 (8th Cir. March 20, 2015)

“Brand Advocates” for electronics company not covered by outside sales or administrative exemptions.  Also, plaintiffs do not waive their right to bring FLSA action by cashing backpay checks and signing waivers that were not directly supervised by DOL.

Navarro v. Pinkins, 780 F.3d 1267 (9th Cir. March 24, 2015)

Auto dealership “Service Advisors” not exempt under 29 U.S.C. § 213(b)(10)(A), which applies to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.”

Keller v. Miri Microsystems LLC, __ F.3d __, 2015 U.S. App. LEXIS 4887 (6th Cir. March 26, 2015)

Under “economic realities” test, jury could reasonably find that satellite dish installers were employees rather than independent contractors.  Also, where company fails to maintain time records, worker can prove his overtime hours through imprecise testimony.

Alvarado v. Corporate Cleaning Services, Inc., __ F.3d __, 2015 U.S. App. LEXIS 5270 (7th Cir. April 1, 2015)

Window washers covered by 29 U.S.C. §207(i), which covers certain “commissioned” employees working at “retail or service establishment[s].”

Greathouse v. JHS Security, Inc., __, 2015 U.S. App. LEXIS 6437 (2d Cir. April 20, 2015)

Under USSC’s 2011 Kasten decision, FLSA retaliation claim can be predicated on oral complaint to employer. Previous Second Circuit authority to contrary overruled.

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