Date range

The Third Circuit holds that a potential collective action pursuant to the Fair Labor Standards Act did not become moot when the only current plaintiff received an offer of judgment representing full relief for the plaintiff's claim.

The plaintiff initiated a collective action on behalf of herself and all similarly situated individuals, alleging that the employer violated the Fair Labor Standards Act (FSLA) by implementing a policy subjecting certain employees to an automatic Case Law Alert - 4th Qtr 2011

An employer's job offer letter inviting a return to work to a previous job with modifications based on current medical restrictions, but without detailing the duties of the work, is sufficient to support a modification of benefits.

Following an IME identifying that the claimant could return to work in a modified, medium-duty capacity, the employer notified the claimant simply that his work activities would be modified to accommodate the IME’s work restrictions. Case Law Alert - 4th Qtr 2011

United States Court of Appeals for the Sixth Circuit defined "subcontractor" under a "your-work" exclusionary provision where the applicable policy failed to provide a definition.

A commercial general liability insurance policy included a "your-work exclusion," which excluded coverage for damage to "your work" after the work has been completed, unless it was performed by a subcontractor. Case Law Alert - 4th Qtr 2011