News & Analysis as of

Fair Labor Standards Act (FLSA) Managers

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

Fisher Phillips on

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Fox Rothschild LLP

Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?

Fox Rothschild LLP on

In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards Act case, especially an overtime case, that...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Jackson Lewis P.C.

Changing Retail Staffing Models – Unforeseen Risks in a New Economy

Jackson Lewis P.C. on

Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when employees are unexpectedly sick or when staffing levels fell due to the...more

Fisher Phillips

Feds Now Have Broader Authority to Assess Monetary Penalties for Tip Violations

Fisher Phillips on

Federal labor officials just finalized a rule that broadens their ability to assess monetary fines against those business that commit wage and hour violations with regards to tip payments, a development several months in the...more

Woods Rogers

FLSA Lessons from TopGolf: Titles Mean Nothing!

Woods Rogers on

If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor...more

Fox Rothschild LLP

Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming

Fox Rothschild LLP on

When will employers learn? They keep classifying retail Store Managers and Assistant Managers as exempt, when these workers are often misclassified, not intentionally, but because the nature of their duties often tends to...more

Fox Rothschild LLP

Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive

Fox Rothschild LLP on

The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge...more

Fox Rothschild LLP

Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)

Fox Rothschild LLP on

I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to defeat these cases. Another case in point. A federal judge has...more

Constangy, Brooks, Smith & Prophete, LLP

$89K Manager May Not Be FLSA-Exempt, Court Rules

This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. ...more

Hinshaw & Culbertson LLP

Tales of the FLSA: The Case of the Complaining Manager

Hinshaw & Culbertson LLP on

What can you do when your boss won't listen to you, the Manager/Director of Human Resources? "Keep complaining," the Ninth Circuit said (not in those words). Complaints, Complaints, and More Complaints - ...more

Sherman & Howard L.L.C.

Protection for (Some) HR Managers

Sherman & Howard L.L.C. on

Like most employment statutes, the Fair Labor Standards Act (“FLSA”) prohibits retaliation against employees who file complaints. The Supreme Court ruled in 2011 that this protection even extends to oral complaints at work....more

Seyfarth Shaw LLP

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

Seyfarth Shaw LLP on

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

Littler

When Transferring Employees to the U.S., Foreign Employers Should Consider Impact if Proposed Changes to Overtime Exemption Are...

Littler on

On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more

Baker Donelson

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

Baker Donelson on

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

Williams Mullen

Fourth Circuit Rejects “Manager Rule” in Title VII Cases

Williams Mullen on

In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Overtime Changes Threaten the Exempt Status of Retail and Hospitality Managers

The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s...more

Sherman & Howard L.L.C.

Restaurant Managers in Hot Water

Sherman & Howard L.L.C. on

Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more

Genova Burns LLC

Dunkin’ Donuts Franchise To Pay Nearly 200k For Failing To Pay Its Manager On A Salary Basis

Genova Burns LLC on

After a nearly two year investigation, the USDOL is requiring a franchisee which operates 55 Dunkin’ Donuts locations throughout New Jersey and New York to pay nearly $200,000 for overtime violations. The USDOL found that...more

Laner Muchin, Ltd.

Chipotle Assistant Managers Allege They Were Misclassified As Exempt Employees, Court Rules They Can Proceed With Overtime Claims

Laner Muchin, Ltd. on

A New York federal court recently granted conditional certification of a nationwide class of Assistant Managers at Chipotle restaurants based on the allegations that Chipotle misclassified Assistant Managers as exempt from...more

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