FLSA, Wage and Hour | JD Supra Law News

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

by Christopher M. Trebilcock | Miller Canfield on 5/17/2013

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more

Federal Rule 68 and FLSA Collective Actions

by Eric Holshouser, Katie Kelly | Fowler White Boggs P.A. on 5/17/2013

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

by Tracey Holmes Donesky, Kristin Berger Parker | Leonard, Street and Deinard on 5/16/2013

Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

Stop Kiddin' Around: WHD Expanding FLSA Initiative in Louisiana Child Care Industry

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

The U.S. Department of Labor's Wage and Hour Division (WHD) is expanding its multi-year Fair Labor Standards Act (FLSA) enforcement initiative in Louisiana's child care industry from northern Louisiana to the southwestern and...more

Will Comp Time Become A Reality For The Private Sector?

by Staci Ketay Rotman | Franczek Radelet P.C. on 5/13/2013

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

To Pay or Not to Pay? The Test for the Unpaid Intern

by David Dubberly | Nexsen Pruet, PLLC on 5/9/2013

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more

Quick Quiz: Day-Rate Pay Plans

by John E. Thompson | Fisher & Phillips LLP on 5/8/2013

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more

Unusual Compensation Plan Did Not Invalidate FLSA Exemption, 3rd Circuit Rules

by Michael Cardman | XpertHR - Partnered with LexisNexis on 5/7/2013

An employer may prorate the base pay of a salaried employee without forfeiting the employee's exemption from the overtime requirements of the Fair Labor Standards Act (FLSA), as long as it covers the shortfall with additional...more

Different Jurisdictions for Different Wage Payment Claims in Tennessee Now

by Miller & Martin PLLC on 5/3/2013

(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... ...more

An Officer And An Affirmation: Eighth Circuit Finds Officers Failed To Prove Damages In FLSA Claims

by Robert Hingula | Polsinelli on 5/3/2013

The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more

Offers of Judgment in FLSA Collective Actions: Another Tool for Wage & Hour Claims

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/23/2013

Last week, while most of us were focused on the events in Boston, the U.S. Supreme Court came down with a notable decision last week involving a wage & hour class action (it’s actually called a “collective” action, but for...more

You Never Heard Of The "Training Wage"?! (Updated 04/19/13)

by John E. Thompson | Fisher & Phillips LLP on 4/19/2013

Pressure continues to mount for raising the federal Fair Labor Standards Act's minimum wage in three stages from the current $7.25 per hour to (so far) $10.10 per hour. Under pending proposals, the rate would thereafter be...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

by Scott T. Silverman | Akerman Senterfitt on 4/1/2013

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

Why Isn't The FLSA Minimum Wage $33 An Hour?

by John E. Thompson | Fisher & Phillips LLP on 3/26/2013

U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act's $7.25-per-hour minimum wage has not already increased over time to the level of $22 an hour. A...more

Second Circuit Rules “Gap Time” Claims Impermissible Under FLSA, Even Where An Employee Worked Overtime

by Michael Ray | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

The Second Circuit Court of Appeals recently addressed “gap time” claims brought by a purported class under the Fair Labor Standards Act (FLSA). Lundy, et al. v. Catholic Health Systems of Long Island, Inc., No. 12-1453...more

Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

by Eric Raphan, Jonathan Sokolowsii | Sheppard Mullin Richter & Hampton LLP on 3/22/2013

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

by Jeffrey Vlasek | BakerHostetler on 3/21/2013

On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States. Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate. With...more

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

by Andrea Brown, Rachel Muoio, Rob Shwarts | Orrick - Global Employment Law Group on 3/21/2013

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

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FLSA › Wage and Hour