Unpaid Overtime Wage and Hour

News & Analysis as of

Unpaid Internships Given New Life by the Second Circuit

This Blog is Not about Owen Wilson and Vince Vaughn, But… “The Internship” fails the first test of merit for a comedy: “Is it funny?” I find that opening line in a review from The New Yorker hilarious. (Funnier than the...more

DOL Publishes the Proposed Revisions to the White Collar Regulations and Sets a Deadline to Submit Comments

On July 6, 2015, the proposed rule issued by the Department of Labor to revise the “white collar” overtime exemptions was published in the Federal Register, available here. The DOL has established a 60-day period for the...more

DOL Releases Proposed Amendments to FLSA Overtime Regulations: Now is the Time to Reassess Compliance and Update Your Policies

The Department of Labor (DOL) has just released its proposed amendments to the white collar exemption under the Fair Labor Standards Act (FLSA). The amendments, if passed, will significantly increase the minimum salary test...more

First look at the Department of Labor's proposed overtime regulation

After President Obama announced in an op-ed on Monday that it was coming soon, the US Department of Labor's Wage & Hour Division published its long-awaited proposed overtime regulation. This proposed regulation addresses the...more

DOL Proposes to Raise Minimum Salary for White Collar Exemptions

The Department of Labor announced a proposed rule that would raise the minimum salary for the white collar exemptions under the Fair Labor Standards Act (FLSA) from its current level of $455 per week ($23,660 annually) to...more

DOL Raises Pay for Some Exempt Status Employees - Employers Will Need to Pay Overtime Wages to More White Collar Employees

On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more

Proposed DOL Rule Seeks to Require the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

The U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor...more

Department of Labor Proposes New Rule for Overtime Protections

On June 30, 2015 the U.S. Department of Labor announced a proposed rule to update the regulations governing which "white collar workers" are exempt from the Fair Labor Standard Act's minimum wage and overtime pay...more

Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees —...more

Show Me the Money: DOL Proposed Regulations Dramatically Expand Overtime Eligibility for White Collar Employees

After months of talk and speculation about new overtime regulations, on June 30, 2015, the United States Department of Labor (“DOL”) issued its proposed rule and request for comments on its “white collar exemption”...more

Connecticut Mandates Double Damages for Failure to Pay Proper Minimum Wage or Overtime

On June 23, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that imposes double damages on employers who fail to pay an employee minimum wage or overtime. With one exception, the new law requires a...more

Worth the Fight: Conditional Certification of FLSA Collective Actions is Not Automatic

Conventional wisdom holds that courts reflexively grant motions for conditional certification in Fair Labor Standards Act (“FLSA”) collective actions. As a result, some employers do not even oppose these motions. They are...more

Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers. Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the...more

California Court of Appeal Refuses to Enforce Forum Selection Clause Because Employer Would Not Stipulate to Apply California Law...

In Verdugo v. Alliantgroup, L.P., the California Court of Appeal held that a forum selection clause in an employment agreement was unenforceable because the employer could not prove that the employee’s rights under the...more

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Supreme Court Takes Aim at FLSA Class, Collective Actions

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

New Independent Contractor Misclassification Study Is Belied By Government Report and Disregards the Legitimate Use of Independent...

The Economic Policy Institute, a respected nonprofit, nonpartisan think tank, has just released a working paper authored by a respected professor who co-authored a number of early academic studies detailing independent...more

General Release May Not Preclude FLSA Claims Says Fifth Circuit

If I settle my employment lawsuit and release “all claims,” does that include wage-hour claims if the subject never came up? Last week, in Bodle, et al. v. TXL Mortgage Corporation, the Fifth Circuit said no....more

DOL Investigation Tactics and Pending Proposed Rule Come Under Fire During House Hearing

In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a...more

Mistakes In Deciding Who Qualifies For Overtime Can Be Costly

Deciding which employees are exempt from overtime regulations can be one of the more challenging questions companies face. Do a quick Google search for “wage violations’’ and you’ll find plenty of articles about businesses...more

Wage Theft Reaches Nail Salons

To address wage theft, among other work related issues in nail salons, New York Governor Andrew Cuomo recently imposed “wage bond” or increased insurance coverage for unpaid wages requirements on salon owners. The wage bond...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

California Appellate Court Reverses Trial Court, Grants Motion To Compel Arbitration

A state appellate court in California reversed a trial court’s decision to deny defendant Santa Lucia Preserve Company’s (“Santa Lucia”) motion to compel arbitration, holding that plaintiffs failed to prove that the...more

179 Results
|
View per page
Page: of 8

"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*

*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.
×