Unpaid Overtime

News & Analysis as of

Comma, Comma, Comma, Comma, Comma Chameleon: Liability Comes and Goes with Oxford Comma

Seyfarth Synopsis: Vampire Weekend crassly and rhetorically asked us, “Who gives a f*** about an Oxford comma?” As it turns out, lots of people: First Circuit judges, dairy farmers in Maine, truck drivers, your authors—the...more

Monthly Update—Australian Labour & Employment - February 2017

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

The Case of the Missing $10M Oxford Comma

Vampire Weekend may not “give a f— about an Oxford comma,” but I certainly do. And so, too, does the United States Court of Appeals for the First Circuit, which opened a recent opinion, in a class action lawsuit about...more

Grammar and Overtime

This is a story about grammar (specifically, the “serial comma”) and the overtime law of the State of Maine. The U.S. First Circuit Court of Appeals recently decided whether certain fresh food delivery drivers are entitled to...more

First Circuit Revives Class-Action Overtime Lawsuit over Absent Comma

Sometimes, small things can turn out to be very big. Take punctuation, for instance. Just recently, the First Circuit Court of Appeals issued a decision that proves the point: finding that an absent comma created an...more

Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends

Breaking up is hard to do - Not since Neil Sadaka’s classic song has a “comma” meant so much. A class-action lawsuit about overtime pay for truck drivers has come down to punctuation and the lack of an Oxford comma has...more

Oregon Court Rejects BOLI’s New Guidance on Calculating Daily and Weekly Overtime for Mills, Factories, and Manufacturing...

After the Oregon Bureau of Labor and Industries (BOLI) made a surprising change to its interpretation of how daily and weekly overtime should be calculated for employees who work in mills, factories, and manufacturing...more

Travel Time: To Pay or Not to Pay

Do I have to pay my workers for travel time when I provide transportation to a job site? Slate Rock and Gravel, Inc. has a reputation for completing jobs on time and under budget. For their convenience, employees often...more

Employer Denied Access to Employee GPS Data

A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA). Crabtree v. Angie’s List,...more

Breaking: Court Rules Against Double Overtime for Oregon Manufacturing Employers

Oregon manufacturing employers have been following the ongoing turmoil surrounding the Oregon Bureau of Labor and Industries’ (“BOLI”) recent interpretation of Oregon’s requirement that manufacturing employees receive...more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Texas Court Finds Overtime Restrictions Could Be a Materially Adverse Employment Action in FLSA Retaliation Claim

The Texas Court of Appeals for the Fourteenth District recently reversed and remanded a judgment in favor of an employer on an employee’s claim of retaliation under the Fair Labor Standards Act (FLSA). The court found there...more

2016 Massachusetts Employment Law Year In Review

2016 Massachusetts Employment Law Year in Review - From case law interpreting one of, if not, the most employee-friendly independent contractor statute in the country to Beacon Hill’s efforts to pass non-competition...more

February 2017 Independent Contractor Misclassification and Compliance News Update

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

Looking Forward: Canadian Class Actions in 2017

As we start 2017, uncertainty abounds. Donald J. Trump’s ascension to the Presidency and populist movements in Europe and Britain are set to upend global norms and challenge the status quo. Serious questions are being raised...more

Wage and Hour Compliance: Off-the-Clock Work

Thanks to the wonders of technology, it has become increasingly easier for non-exempt employees to engage in small work-related acts, or to be “on call” for their employer, after they have “clocked out” at the end of a shift....more

Chris Lazarini Examines Employee v. Independent Contractor Issue

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff claimed to be an employee of Northwestern Mutual and therefore protected under New York's minimum wage and overtime laws; Northwestern argued...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit....more

Fourth Circuit Follows Salinas Decision With Finding of Joint Employment of Satellite TV Installers

As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint...more

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On...

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier...more

Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations

Employers generally recognize that their non-exempt employees must receive overtime premiums on their base pay – in most cases, their hourly wage – when they work overtime. However, not all employers are as well attuned to...more

Fourth Circuit Articulates New Standard for “Joint Employers”

Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely...more

Tightening the Screws: Fourth Circuit Establishes New Test for Evaluating Joint Employment Claims Under the Fair Labor Standards...

On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more

When Off-the-Clock Isn’t Off-the-Clock: The Seventh Circuit Considers Employees’ Arguments that Employer Violated the Fair Labor...

Remember that collective action that the Chicago police officers filed complaining that they weren’t paid overtime for checking their BlackBerrys off duty? Well, the cops lost at trial and now the U.S. Court of Appeals for...more

649 Results
|
View per page
Page: of 26
Cybersecurity

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×