Bloomberg BNA

Bloomberg BNA has published the 2013 Cumulative Supplement to The Fair Labor Standards Act, Second Edition, providing the latest updates on case law and government regulations related to the Fair Labor Standards Act (FLSA). The volume was written by distinguished members of the American Bar Association Section of Labor and Employment Law.

The Second Edition contains discussion of 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. It also offers point-by-point evaluations of each FLSA exemption; proven steps and strategies for dealing with enforcement, remedies, and litigation; and more.

The new 2013 Cumulative Supplementcontains important updates, including:

  • Analysis of the U.S. Supreme Court’s decision in Genesis HealthCare Corp. v. Symczyk.
  • Recent cases addressing employee versus independent contractor status
  • Developments in case law on joint employer status and individual liability of owners and corporate officers
  • Recent litigation over the compensability of preparatory and concluding work tasks
  • Case law developments on calculating overtime pay when employees have been misclassified as exempt
  • New case law involving who may participate in valid tip pool arrangements
  • Developments in FLSA retaliation law, including cases addressing who can sue and be sued under the anti-retaliation provisions and a survey of district court decisions interpreting Kasten v. Saint-Gobain Performance Plastics Corp.

The treatise is published in cooperation with the Federal Labor Standards Legislation Committee of the ABA Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law. For more information on Section participation, please call the Section at 312.988.5813 or

The editor-in-chief of The Fair Labor Standards Act, Second Edition is Ellen C. Kearns, a managing partner at Constangy, Boston, Mass. The editors-in-chief of the 2013 Cumulative Supplement are Dennis M. McClelland, a partner with Phelps Dunbar LLP, Tampa, Fla., and Aaron D. Kaufmann, a partner with Leonard Carder, LLP, Oakland, Calif. This treatise is available for sale directly from Bloomberg BNA and also will be available on the Bloomberg Law legal research system.

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