Over-Time, FLSA | JD Supra Law News

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

"Comp Time" Proposal: Be Careful What You Wish For

by Edward Boehm | Fisher & Phillips LLP on 4/26/2013

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

USDOL Still Barred From Challenging "Service Writer" Exemption

by John E. Thompson | Fisher & Phillips LLP on 4/12/2013

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

Sixth Circuit Rules for Employers in FLSA Case

by Vicki Patterson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2013

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

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

Reporters’ Class Action For Unpaid Overtime Should Not Have Been Certified

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

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

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

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

Sutherland Case Reveals Problems In Applying Effective Vindication Of Rights Analysis To Class Action Waivers

by John Lewis | BakerHostetler on 3/19/2013

Introduction 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

Employers: There are some exemptions to the overtime requirement

by Ann Bowden-Hollis | Butler, Snow, O'Mara, Stevens and Cannada,... on 3/13/2013

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

Second Circuit Decision

by Joshua Alloy | Proskauer - Class & Collective Actions on 3/12/2013

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

Second Circuit Rejects FLSA Gap Time Claims and Explores FLSA Pleading Requirements

by Bradley Strawn | Littler on 3/11/2013

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

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

by Mark Batten | Proskauer - Class & Collective Actions on 3/6/2013

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

The Wage and Hour Movement Against Internship Programs

by Laura Broughton Russell, David L. Woodard | Poyner Spruill LLP on 2/25/2013

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

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

by Greg Mersol | BakerHostetler on 2/25/2013

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

Courts Aren't Buying USDOL's "Service Writer", "Service Advisor" Comments

by Matthew Simpson | Fisher & Phillips LLP on 2/25/2013

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

What’s on the Regulatory Horizon Part One: The DOL’s Strategies on Wage and Hour

by Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

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

Eleventh Circuit Clarifies Standard for Awarding Liquidated Damages in FLSA Retaliation Cases

by Guilene F. Theodore | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2013

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

5th Circuit Bats Down Employer's 'Nonsensical' FLSA Defense

by Michael Cardman | XpertHR - Partnered with LexisNexis on 2/14/2013

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

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

by Sara Dionne, Shannon Seekao, Julie Totten | Orrick - Global Employment Law Group on 2/13/2013

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

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Over-Time › FLSA