Unpaid Overtime Wage and Hour

News & Analysis as of

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

After Hours iPhone and Android Use By Employees Raises Wage/Hour Concerns (Again!)

So, you remember February 2009, right? We were all aflutter over Liam Neeson in Taken (ok, I still haven’t seen it). And we were listening to “My Life Would Suck Without You” by Kelly Clarkson (still a good song.)...more

Major Changes to Overtime Regulations for "White Collar" Workers

On July 6, 2015, the U.S. Department of Labor (“DOL”) issued proposed new regulations that will significantly change the law governing certain “white collar” workers who are exempt from minimum wage and overtime pay. All...more

D.C. Circuit Reinstates Home Health Care Regulations

Earlier this year, we brought news that the DOL had revised its regulations applicable to home health care workers. Those regulations, which related to domestic workers who provide “companionship services,” narrowed...more

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more

Supreme Court Briefing Begins in Tyson Foods, Inc. v. Bouaphakeo, A Potential Wage and Hour Blockbuster

In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more

Health Law Wire: FLSA Exemption for Domestic Workers Upheld by DC Circuit (8/21/15)

This morning, the United States Court of Appeals for the District of Columbia upheld the federal Department of Labor’s revisions to the “companionship exemption” under the Federal Labor Standards Act. Home Care Association of...more

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

Earlier this month Sirius XM Radio Inc. settled a wage & hour class action with a class of 1,852 unpaid interns that claimed the company violated federal and state labor laws by failing to compensate them for the work they...more

Proposed Overtime Rules Could Significantly Impact Hospitality Businesses

The U.S. Department of Labor has proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions, and President Obama recently announced plans that will extend overtime under the FLSA for salaried “white...more

D.C. Circuit Revives U.S. DOL’s Final Rule on Home Care

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Labor’s Home Care Final Rule, which eliminates the companionship and live-in domestic service exemptions for...more

Proposed Rule for Overtime Exemptions Is Issued by Department of Labor—What Will It Mean for You?

The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more

Second Circuit Rules Court Approval or USDOL Supervision of Settlements Required in FLSA Suits

On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more

FLSA: Changes Continue to Affect Employers

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more

U.S. Department of Labor Proposes New Rule Raising the Salary Basis for “White-Collar” Overtime Exemptions and Soliciting Comments...

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on the DOL’s proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455...more

DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification

The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more

Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to...more

The Duties Test Trap Set by the Department of Labor: How Employer Comments (Due September 4) Should Address It

It has been widely reported that the Department of Labor (DOL) on June 30, 2015 proposed raising the salary level of executive, administrative and professional (EAP) employees as a requirement of exempt status under the Fair...more

Second Circuit Speaks: No Private Settlements of FLSA Actions

In Cheeks v. Freeport Pancake House, Inc., the Second Circuit held that without the approval of a district court or the U.S. Department of Labor, parties cannot secure a stipulation of dismissal with prejudice of an FLSA...more

Exemption Comments Already Being Filed

Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about...more

Australia: Federal Court Clarifies Rate Employers Must Pay for Untaken Annual Leave on Termination

In a ruling focused on statutory interpretation, a full federal court bench recently confirmed that employers must pay out employees’ accrued but untaken annual leave upon termination at the rate the employees would have...more

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...more

Attempts to Force Votes on Employment Bills Fail in Senate

Before the Senate adjourned for the August recess, two Democratic members tried to force the chamber to agree to bring minimum wage, paid sick leave, and flexible scheduling bills to the floor for a vote in the fall. On...more

USDOL Accelerates Attack on Businesses Using Contract Service Providers

The U.S. Department of Labor has launched two major initiatives designed to encourage individual workers who are contract service providers to bring misclassification claims and lawsuits. According to the Department, “most...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

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