Over-Time

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

by Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...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

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...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

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

by Mira Serrill-Robins | Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....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

New Jersey DOL Clarifies Overtime Exemption For Employees Of Common Carriers Of Passengers By Motor Bus

by Mark Diana, Evan J. Shenkman, Allyson M. Smith | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/8/2013

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more

Labor Letter - April 2013: Count The Cost Before Waging The War

by Richard Meneghello | Fisher & Phillips LLP on 4/3/2013

When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...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

State Senate Committee Considers Flexible Work Scheduling Bill

by Joseph Clark | Proskauer - California Employment Law on 3/25/2013

California State Sen. Tom Berryhill (R-Modesto) recently introduced Senate Bill 607, reviving efforts to permit employers and employees to agree on flexible work schedules, such as four 10-hour days per week. Unionized...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