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- Get Ready to Ring in the New Year with More Employment Law Changes
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- Restoring Balance: Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements, Providing Employers with Some Relief from Rampant Wage and Hour Class Litigation
- Policy Innovation or Pandora’s Box? The Department of Labor Considers Revising Pay Calculations in 2018 Regulatory Agenda
- Department of Labor Issues New Opinion Letters, Reversing Obama-Era Policy
- Fair, Not Necessarily Narrow: Supreme Court Changes Course Regarding the Interpretation of FLSA Exemptions
- Overtime Calculations in California: California High Court Favors an Expansive Formula and Declines to Follow Federal Precedent
- After Cold Reception from Appellate Courts, DOL Rescinds Internship Enforcement Guidance and Adopts “Primary Beneficiary” Test
- A Tipping Point? DOL Reconsiders Stance on Tip Pooling
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Showing 1 post in Attorney Fees.
Fifth Circuit Turns the Table on Department of Labor, Sanctions Government for Bad Faith Conduct During Investigation and Subsequent Litigation
Sometimes the hunter becomes the hunted. That’s a lesson the U.S. Department of Labor (“DOL”) recently learned. In an opinion dated July 2, 2015, the United States Court of Appeals for the Fifth Circuit reprimanded the DOL for pursuing “poorly documented” and “legally dubious” claims. The Fifth Circuit found that the DOL had engaged in “uncivil and costly litigation tactics,” attempting to prevail by oppressively pursuing a very weak case. Ultimately, the court held that the DOL had “acted in bad faith” and ordered the district court to enter an award against the DOL for hundreds of thousands of dollars in attorneys’ fees. More
