On June 11, 2019, Alabama Governor Kay Ivey signed a new law that prohibits employers from paying less for the same work on the basis of gender or race. The new law, titled the Clarke-Figures Equal Pay Act (the “Act”), makes Alabama the 49th state to enact a state law against wage inequality, with only…
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The Motor Carrier Exemption of the Fair Labor Standards Act (“FLSA”) provides a defense to many overtime claims by interstate truck drivers and others involved in the interstate shipment of goods. The exemption is not, however, limited to drivers who cross state lines. Rather, the exemption also applies to intrastate drivers as long as the…
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Attorneys from LGWM’s Birmingham office attended Cahaba Valley Health Care’s annual See More Smiles Fundraising Breakfast. LGWM’s Brittany Herring serves as a board member for Cahaba Valley Health Care. The organization provides free dental and vision services for low-income individuals in Jefferson and Shelby Counties. Taffi Stewart, Sarah Redmond and Hannah Stokes also attended the…
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In February of 2019, a team of lawyers from the ACLU filed an opening brief in a new Eleventh Circuit pregnancy bias action. This new action involves an Alabama EMT named Kimberlie Durham (“Ms. Durham”), who has sued her company for alleged pregnancy discrimination. She alleges that her employer did not assign her to a…
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The United States Department of Labor (“DOL”) issued a long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Acts (“FLSA”) on March 7, 2019. The proposed rule raises the salary threshold for overtime eligibility from $23,660.00 to $35,308.00, or $679.00 per week. As such, employees earning under $35,308.00 a year must…
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On March 21, 2019, the full en banc U.S. Court of Appeals for the Eleventh Circuit clarified that in order to establish a prima facie case of workplace discrimination through alleged preferential treatment of a comparator outside of the plaintiff’s protected class, a plaintiff must show that the alleged comparator is “similarly situated in all…
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After a recent Eleventh Circuit decision in Lewis v. Governor of Alabama 896 F.3d 1282 (11th Cir. 2018), the Eleventh Circuit Court of Appeals has agreed to a full-court review to decide the validity of a 2015 Alabama Law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages, leave benefits,…
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The Fair Labor Standards Act of 1938 (“FLSA”) establishes minimum wage, overtime pay, record keeping requirements and child labor standards. It also allows employers to take a “tip credit,” in certain tipped occupations, such as a server, in order to offset the employer’s obligation to pay hourly minimum wage. Employers can pay as little as…
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After a recent Eleventh Circuit decision in Asalde v. First Class Parking Systems LLC 894 F.3d 1248 (11th Cir. 2018), more employers are subject to the requirements of the Fair Labor Standards Act (“FLSA”). In Asalde, Plaintiffs were valet car drivers who sued their employer alleging violations of the FLSA. The trial court granted summary…
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The United States Supreme Court resolved a split among Circuit Courts on the question of whether the Age Discrimination in Employment Act (“ADEA”) applies to state and federal political entities with fewer than 20 employees. In Mount Lemmon Fire Dist. v. Guido, 586 U.S. ____ (2018), the Court unanimously held that the ADEA applies to…
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