This week, the United States Department Labor (“DOL”) is conducting its first listening session on the white collar exemptions under the Fair Labor Standards Act (“FLSA”)—more commonly known as the “overtime rule.” ...more
The California Court of Appeal for the Fourth District held that misclassification alone does not establish liability for overtime violations, and, thus, the fact that members of a putative class were classified as exempt was...more
Just before their December 31, 2016 planned effective date, the regulations proposed by the New York State Department of Labor in October 2016 were formally adopted on December 28, 2016. Pursuant to the regulations, New York...more
On December 1, 2016, the date that the Department of Labor regulations were set to become effective, the government filed a notice of appeal of the November 22, 2016 the United States District Court for the Eastern District...more
In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more
For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions....more
8/20/2013
/ American Express ,
American Express v Italian Colors Restaurant ,
Arbitration ,
Citigroup ,
Class Action ,
Class Action Arbitration Waivers ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Over-Time ,
SCOTUS ,
Waivers