Energy Co. Asks Full 6th Circ. To Hear FLSA Class Action

Law360 (September 15, 2020, 5:05 PM EDT) -- Energy conglomerate Just Energy asked the full Sixth Circuit to reconsider a divided panel's ruling that a class of employees is covered under the Fair Labor Standards Act, arguing the majority flouted U.S. Supreme Court precedent and created an untenable circuit split with its interpretation of an exemption for outside salespeople.

In a petition for rehearing en banc filed Monday, Just Energy told the Sixth Circuit that the decision last month effectively narrowed an exemption to federal minimum wage and overtime law for outside salespeople by considering factors beyond those the Supreme Court has applied when interpreting the exemption.

"The court should...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!