Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
Seventh Circuit Jumps Ahead of SCOTUS, Rules Pharmaceutical Sales Reps Exempt from Overtime—Jackson Lewis’ Noel Tripp
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
The U.S. House of Representatives will consider amending the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation. The fast-tracked...more
Readers will recall that, in April 2011, the U.S. Labor Department declined to adopt an interpretation proposed in 2008 that would have acknowledged the federal Fair Labor Standards Act overtime-exempt status of employees...more
The Sixth Circuit Court of Appeals recently affirmed judgment for the employer in a collective action brought under the Fair Labor Standards Act (FLSA) by 91 current and former special investigators (SIs) employed by...more
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
Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment...more
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
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 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.
In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were...more
Originally published in The Journal of South Mississippi Business - March 2013.
One of the often misunderstood rules about overtime pay requirements involves which employees can be classified as exempt from payment for...more
In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more
In Lundy v. Catholic Health System of Long Island, Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals recently held for the first time that the Fair Labor Standards Act (FLSA) does not...more
We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more
Lawsuits brought by interns are potentially becoming the next big trend in wage and hour litigation. As we discussed in a recent Alert in December of 2012, although it may be tempting for employers to tap into the large pool...more
In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more
In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership employees doing the...more
In this two-part series of blog posts we will examine the regulatory agenda of the U.S. Department of Labor’s (DOL) Wage and Hour Division.
Late last year, the Wage and Hour Division (WHD), along with other regulatory...more
The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages for a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used in claims for...more
Whether it's poker or employment litigation, sometimes it's best just to fold 'em.
With the evidence stacked against it, an employer chose to appeal a Fair Labor Standards Act (FLSA) verdict with a weak defense instead...more
A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more
As a working mom, I am lucky to have a husband who is a stay-at-home parent. Rarely do I have to worry about being late to work because I have to drop my child off at school, or leaving work early to take my child to an...more
Retail employers should take note that improperly classifying employees and failing to pay overtime wages can lead to significant employer liability. A federal judge on January 7, 2013, approved a $20.9 million dollar...more
The overtime exemption for agricultural employees under the Fair Labor Standards Act (FLSA) applies not only to farmers working the land but also to other types of workers employed in conjunction with farming operations, even...more
For employers in Pennsylvania, 2012 was another eventful year in the world of wage and hour law. Even in the absence of new federal legislation, a number of noteworthy developments occurred at both the federal and state...more
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