News & Analysis as of

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

President Obama to Order Expansion of Overtime Pay

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

Is an End-of-Shift Security Clearance Compensable? The Supreme Court Will Decide Next Term

On Monday, March 3, 2014, the Supreme Court of the United States agreed to decide whether a company was required to pay overtime compensation to its workers for the time they spent passing through a security clearance at the...more

Employees Seek To Take Bite From Apple (and Urban Outfitters)

Chances are that if you ask someone what they remember from the cult-classic Paul Verhoeven film Total Recall, they’ll recall (among other things) the sequence where Arnold Schwarzenegger attempts to sneak through security....more

Classification for Overtime Eligibility: Internet Specialists

With the proliferation of network, Internet and management information systems, it is essential for businesses to understand employment classifications — especially in terms of overtime payment — for personnel who manage high...more

New York Federal District Court Endorses Use of Fluctuating Workweek Overtime Payment Method Where Employer Pays Performance-Based...

True story: the other day I was speaking with a friend in the HR realm and I asked him whether he was familiar with the fluctuating workweek. He jokingly answered: “does that have anything to do with my weight gain during the...more

Are Your Non-Exempt Employees Properly Compensated for All of Their Work Time?

Employers are continuing to be bombarded by collective or class action lawsuits filed by their non-exempt employees for alleged violation of the Fair Labor Standards Act (“FLSA”), and similar state wage and hour laws. Many of...more

It's Official - Offering Full Monetary Relief Without A Judgment Will Not Moot FLSA Case

Last year we reported on the Eleventh Circuit's decision in Zinni v. ER Solutions, Inc. (11th Cir., August 27, 2012), which seemed to signal that a defendant in a Fair Labor Standards Act case cannot moot the case by...more

How To Calculate Unpaid Overtime: Fifth Circuit Rules In Favor of FWW

In an appeal concerning the correct calculation of overtime damages due to employees misclassified as exempt, the Fifth Circuit Court of Appeals emphatically slammed the door on a trial court’s attempt to require an employer...more

Hospitality Update, No. 3, September 2013: Court Rejects "Al Capone Defense" To FLSA Violations

On July 29, a federal appeals court addressed the question of whether the Fair Labor Standards Act’s minimum wage and overtime protections apply to undocumented aliens working illegally for an employer. Drawing on an analogy...more

California Governor Signs Bill Limiting Attorneys’ Fees for Employers in Wage Cases

California Governor Jerry Brown on August 28, 2013, signed into law a measure limiting the ability of employers to obtain attorneys’ fee awards if they are prevailing defendants in wage disputes. Senate Bill (SB) 462...more

An Offer You Should Refuse: Eleventh Circuit Says No to Private Settlements of FLSA Claims

With a fact pattern exemplifying the need for protection of employees under the Fair Labor Standards Act (FLSA), the Eleventh Circuit has held that former employees may only settle their FLSA claim 1) under the supervision of...more

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

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

Healthcare Update, No. 3, August 2013: Don't Let Shift Differentials Lead To Costly Litigation

Shift differentials are common in the healthcare industry. But some employers may not realize that the differential must be calculated into the “regular rate” of pay, which is not exactly the same thing as the hourly rate. ...more

Top Ten Ways To Avoid/Minimize Employer Liability For Overtime Pay

Post the "5 in 1" poster notifying employees of their rights under federal law and take a photograph each year to prove the poster is up....more

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

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

Chipotle Assistant Managers Allege They Were Misclassified As Exempt Employees, Court Rules They Can Proceed With Overtime Claims

A New York federal court recently granted conditional certification of a nationwide class of Assistant Managers at Chipotle restaurants based on the allegations that Chipotle misclassified Assistant Managers as exempt from...more

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as...more

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