Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more
Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more
Many groups that have lobbied for change as it relates to home care aides seem to have received some victory. Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage...more
It is rare these days for a court to deny a motion to compel arbitration. It is especially surprising to find such a decision where the parties are subject to an arbitration agreement. Using the fundamental principle...more
- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges
Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more
Employers sometimes pay workers more than the federal Fair Labor Standards Act requires. Of course, some do so as a matter of choice.
However, in other situations, this happens because management misunderstands what...more
Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more
On September 17, 2013, the U.S. Department of Labor announced a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. Direct care workers include home health...more
The United States Department of Labor (DOL) Wage and Hour Division issued a final rule on September 17, 2013 that will extend the minimum wage and overtime protections of the Fair Labor Standards Act to in-home workers who...more
On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more
A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the federal Fair Labor Standards Act.
On September 17, 2013, the United States Department of Labor (“DOL”) released a Final Rule revising its regulations on the domestic service exemption under the Fair Labor Standards Act (“FLSA”). The Final Rule will amend the...more
The U.S. Department of Labor’s final rule extending the minimum wage and overtime requirements to most home care workers becomes effective January 1, 2015.
On September 17, 2013, the United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act to home health care workers who provide care for the sick, disabled or elderly,...more
On September 17, the U.S. Labor Department (DOL) announced that it will be issuing a final rule that will bring significant changes to the “companionship” exemption in the federal Fair Labor Standards Act’s Section 13(a)(15)....more
Beginning on January 2, 2015, the Fair Labor Standards Act’s minimum wage and overtime protections will apply to home care assistance workers who work with the elderly and people with illnesses, injuries or disabilities. ...more
On September 17, 2013, the U.S. Department of Labor's Wage and Hour Division announced a final rule extending the Fair Labor Standards Act's minimum wage and overtime protections to cover certain direct care workers such as...more
For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions....more
In some jurisdictions, such as Michigan, an employer may be able to shorten the statute of limitations for an employee to file an employment discrimination lawsuit....more
In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is...more
On August 5, 2013, the U.S. Court of Appeals for the Second Circuit issued its third opinion since May of this year in Dejesus v. HF management Services, LLC, affirming the dismissal of Fair Labor Standards Act (FLSA) claims...more
In Dejesus v. HF Management Systems Services, LLC, No. 12-4565 (2d Cir. Aug. 5, 2013), the Second Circuit Court of Appeals affirmed the dismissal of plaintiff Ramona Dejesus’ (“Plaintiff”) Fair Labor Standards Act (“FLSA”)...more
Provisions in employment agreements that shorten the statute of limitations period for employees to file claims under the Fair Labor Standards Act (FLSA) and Equal Pay Act (EPA) are invalid, the Sixth Circuit ruled on August...more
Our recent "Famous Last Words" post cautioned that having an employee enter into an agreement that is contrary to the federal Fair Labor Standards Act's requirements does not trump those requirements....more