News & Analysis as of

Unpaid Overtime Employee Rights Fair Labor Standards Act (FLSA)

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Troutman Pepper

Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases

Troutman Pepper on

On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more

Fisher Phillips

Late Payment Resulted In An FLSA Violation

Fisher Phillips on

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds that Entry-Level Audit Associates at Accounting Firm are Exempt from Federal Overtime Requirements

In Pippins v. KPMG LLP, No. 13-889 (2d Cir. July 22, 2014), the Second Circuit Court of Appeals unanimously held that entry-level audit associates (“Plaintiffs”) at KPMG LLP qualify for the Fair Labor Standards Act’s (“FLSA”)...more

Franczek P.C.

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Franczek P.C. on

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more

Bracewell LLP

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

Franczek P.C.

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Franczek P.C. on

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

Ervin Cohen & Jessup LLP

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

Mintz - Employment, Labor & Benefits...

Working (More Than) 9-to-5: President Obama Seeks to Expand Overtime Pay Protections Under the Fair Labor Standards Act

Last week, President Obama ordered U.S. Department of Labor Secretary Tom Perez to update the existing federal regulations on overtime, the effect of which could allow millions of workers to qualify for time and half pay for...more

Bond Schoeneck & King PLLC

Labor and Employment: President Obama Directs Department of Labor to Modernize and Streamline FLSA Overtime Regulations

On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (FLSA) overtime regulations. In the memorandum, President Obama noted that the...more

Baker Donelson

Employers of Home Care Workers to Begin Paying Overtime in January 2015

Baker Donelson on

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as...more

McNees Wallace & Nurick LLC

President Obama Directs DOL To "Modernize" FLSA Overtime Regulations

Yesterday, President Obama signed a Presidential Memorandum directing the Secretary of Labor to "modernize and streamline" the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the...more

Fisher Phillips

President Seeks To Curtail FLSA "White Collar" Exemptions

Fisher Phillips on

President Obama has instructed the U.S. Labor Department to revise the federal Fair Labor Standards Act's so-called "white collar" exemptions in a "Presidential Memorandum" released on March 13. This effort is intended (as...more

Pullman & Comley - Labor, Employment and...

Revamping Overtime Regulations: No Specifics Yet

President Obama announced this week that he is directing the Secretary of Labor to “modernize and streamline” existing overtime regulations under the Fair Labor Standards Act. He characterized the current regulations as...more

Baker Donelson

President Obama Signs Memorandum To Expand Overtime Protection

Baker Donelson on

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to create new regulations making more workers eligible for overtime pay under the Fair Labor Standards Act's (FLSA)...more

Obermayer Rebmann Maxwell & Hippel LLP

President Obama Sics the DOL on Corporate Profits, Says Reduce the Number of Exempt Workers and Pay More Overtime

Just when you thought it was safe to go back in the water . . . or at least thought you might be getting a handle on the highly technical and nuanced regulations under the Fair Labor Standards Act governing the “white collar...more

Foley & Lardner LLP

Got a Granny? Minimum Wage and Overtime Premium Extended to In-Home Companions

Foley & Lardner LLP on

In a long anticipated move, the U.S. Department of Labor (DOL) recently announced that it will issue a final regulation that will extend the minimum wage and overtime premium protections afforded by the Fair Labor Standards...more

Butler Snow LLP

Overtime Exemptions: What Does "On A Salary Basis" Mean?

Butler Snow LLP on

Generally, most employees in the United States must be paid at least the federal minimum wage for all hours worked and overtime at one and one half times the regular hourly rate for all time worked above 40 hours in a seven...more

FordHarrison

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

FordHarrison on

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more

FordHarrison

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

FordHarrison on

It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

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