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Unpaid Overtime

Goldberg Segalla

What NY State Employers Need to Know about 2024 Employment Law

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It can be a challenge to stay on top of the ever-changing employment laws in New York State. Let us help. Attorneys in Goldberg Segalla’s Employment and Labor practice group synopsized 12 recent changes that impact the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Seyfarth Shaw LLP

New York Adopts Increased Salary Thresholds for Minimum Wage and Overtime Exemptions

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Seyfarth Synopsis: New York State formally adopted regulations increasing the salary thresholds for minimum wage and overtime exemptions for “executive” or “administrative” employee under the New York Labor Law.  Employers...more

Smith Gambrell Russell

New York Wage Theft Claims: New Developments

Smith Gambrell Russell on

New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”). For...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2023 #2

Here We Go Again: Government Shutdown? In early October, the Buzz theorized that the last-ditch effort to avoid a government shutdown on October 1 hadn’t solved the appropriations problem, but only postponed the debate....more

FordHarrison

The U.S. Department of Labor’s Proposed White Collar Exemption Changes

FordHarrison on

Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards...more

BakerHostetler

10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case

BakerHostetler on

Court also holds that arbitrability questions must be resolved by the arbitrator - The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the...more

Fox Rothschild LLP

Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?

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In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards Act case, especially an overtime case, that...more

Seyfarth Shaw LLP

FLSA Pleading:  Mathematical Precision Not Required

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Seyfarth Synopsis: The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires...more

Jackson Lewis P.C.

Seventh Circuit: Employer May Place Conditions on Paying for Non-Compensable Off-the-Clock Work

Jackson Lewis P.C. on

If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including...more

Hodgson Russ LLP

Wage Theft In New York Is Now Criminal Larceny

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On September 6, 2023, New York State Governor Kathy Hochul signed into law a bill that amended the New York Penal Law to make wage theft criminal larceny....more

Seyfarth Shaw LLP

Wage Theft Now A Form Of Larceny In New York

Seyfarth Shaw LLP on

Seyfarth Synopsis: New York Governor Kathy Hochul has signed legislation that, effective immediately, adds wage theft to the definition of “larceny” under the state’s penal code, creating potentially harsh penalties for the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

Burr & Forman

How Employers Should Prepare for the Department of Labor’s Proposed Expanded Overtime Rule

Burr & Forman on

On August 30, 2023, the U.S. Department of Labor (DOL) unveiled a significant proposed increase to the salary threshold for exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. The DOL estimates the...more

Rumberger | Kirk

How to Avoid FLSA Violations When Requiring Workers to Use PTO

Rumberger | Kirk on

A federal appeals court recently held that employers don’t run afoul of the Fair Labor Standards Act if they involuntarily reduce workers’ PTO balances. The case addressed deductions for drops in productivity, but it may...more

Troutman Pepper

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

Troutman Pepper on

In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Negligence Not Grounds for Awarding Additional Year of FLSA Overtime Pay

Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more

Stikeman Elliott LLP

No Time (Limit) for Overtime: Alberta Court Expands Lookback Period for Statutory Overtime

Stikeman Elliott LLP on

The Ruling in Scheffler v Mourits Trucking Ltd. Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as...more

Jackson Lewis P.C.

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

Davis Wright Tremaine LLP

Washington's 'Safe Staffing Bill' – What All Healthcare Employers Should Know

Most Washington hospitals will soon be subject to a sweeping 30-page "Safe Staffing Bill" (Bill 5236), aimed at strengthening workplace standards. Starting January 1, 2024, covered hospitals, which is broadly defined to...more

Bass, Berry & Sims PLC

Sixth Circuit Adopts New Certification Procedure Under the FLSA

Bass, Berry & Sims PLC on

The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more

Fox Rothschild LLP

Collective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly Situated

Fox Rothschild LLP on

The Sixth Circuit has adopted a new approach for determining whether notice to “potential plaintiffs” can be sent out in collective actions brought under the Fair Labor Standards Act (FLSA), now requiring a “strong...more

Fox Rothschild LLP

Accepting the Risks Associated with Pay for Household Workers (Caregivers)

Fox Rothschild LLP on

I must say that practicing “Nanny Law” is not my favorite part of employment law. “Nanny Law” is the term I use for household workers (caregivers), whether they be those who care for babies, kids, elderly parents, or those...more

Bowditch & Dewey

Largest Ever FLSA Verdict Underscores Importance of Employer Compliance with Wage and Hour Laws

Bowditch & Dewey on

Last week, a federal jury returned a more than $22 million verdict – the largest recorded award under the Fair Labor Standards Act (“FLSA”) to date – against East Penn Manufacturing Co., Inc. (“East Penn”), one of the world’s...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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