Manesh Rath and Keller and Heckman LLP Submit Amicus Brief in the DeKeyser v. Thyssenkrupp Waupaca Inc. Case

On August 27, 2014, Manesh Rath filed an amicus brief asking the U.S. Supreme Court to grant review in the Fair Labor Standards Act case arising out of the Seventh Circuit, DeKeyser v. Thyssenkrupp Waupaca Inc. Mr. Rath was asked to author this brief on behalf of the American Foundry Society, the National Association of Manufacturers, and the National Federation of Independent Business Small Business Legal Center.

This case dealt with the complex intersection between compensability under the Fair Labor Standards Act and safety and health-related tasks that are regulated by the Occupational Safety and Health Administration.

Mr. Rath has asked the Supreme Court to review the Seventh Circuit’s holding that post-liminary tasks relating to health should be evaluated on the basis of whether they are required by the nature of the work, resulting in a burdensome trial.

“The trial process is not as well suited as our established administrative rulemaking process to the task of determining whether a safety and health-related activity is required by the nature of the work,” Mr. Rath observed.

Manesh Rath, a partner with Keller and Heckman LLP, is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, labor and employment law, and Occupational Safety and Health law. He successfully represents employers nationwide.

Keller and Heckman LLP’s nationally-recognized litigation attorneys represent clients’ interests before federal and state courts, at the trial and appellate level, and before regulatory and industry sanctioned bodies. Keller and Heckman, founded in 1962, has a broad practice in regulatory law, public policy, and litigation. Keller and Heckman serves clients from its offices in Washington, DC, Brussels, San Francisco, Shanghai, and Boulder.