Unpaid Internships: Are They Legal?
5 Risks of Telecommuting (And How Employers Should Handle Them)
New York is now collaborating with the federal government to go after employers that misclassify employees as independent contractors.
The US Department of Labor's Wage and Hour Division (WHD) on November 18 entered...more
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
Gold v. New York Life Insurance Co., No. 12-CV-2344 (2d Cir. Sept. 18, 2013) (Parker, J.): The plaintiff brought suit on behalf of himself and others alleging that he was improperly classified as exempt from the New York...more
On September 25, 2013, California Governor, Jerry Brown, signed a bill (Assembly Bill No. 10) that will raise the hourly minimum wage up 25% over the next few years. First, the minimum wage will increase in less than one...more
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
The salaried exemptions remain an actively litigated area in employment litigation. In order to be exempt from overtime and related regulations governing timekeeping and meal and rest periods, it’s not enough that an...more
In This Issue:
- Letter from the Editor — C. Paul Wazzan, Ph.D.
- Introduction to Observational Studies Articles for the BRG Review — David Lewin, Ph.D.
- Observational Studies in Wage and...more
On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
In This Report:
- I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry
- II. Potential Loss Of The Companionship Services Exemption
- III. Other Common Types Of Claims
- A. Misclassification...more
A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more
24-Hour Fitness, a nationwide chain of fitness centers, recently agreed to pay nearly $17.5 million to settle a class action suit filed on behalf of trainers and managers who claimed that they were misclassified as exempt...more
“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more
In the first part of this series, we examined the three major strategies in the U.S. Department of Labor’s (DOL) regulatory agenda. In part two of this two-part series, we will look at one regulatory topic of great interest....more
Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more
A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more
From the advent of the Obama Administration, the U.S. Department of Labor has clearly expressed its intent to adopt an adversarial approach towards employers at the agency and sub-agency levels. As part of that strategy, the...more
Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13).
All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more
Earlier this year, the Louisiana Workforce Commission (LWC) and the Wage and Hour Division of the U.S. Department of Labor (DOL) signed a Memorandum of Understanding to exchange information received by the agencies. Louisiana...more
In this, our fourth installment in our series on the “Anatomy of a Department of Labor Audit,” we address both how to report audit results and how to resolve issues identified in the audit....more
In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....more