Wage and Hour › Unpaid Overtime

News & Analysis as of May 19, 2013

5 Risks of Telecommuting (And How Employers Should Handle Them)
Seventh Circuit Jumps Ahead of SCOTUS, Rules Pharmaceutical Sales Reps Exempt from Overtime—Jackson Lewis’ Noel Tripp

Will Comp Time Become A Reality For The Private Sector?

by Staci Ketay Rotman | Franczek Radelet P.C. on 5/13/2013

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

Ohio District Court Denies Conditional Certification In FLSA Case

by Greg Mersol | BakerHostetler on 2/18/2013

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

Employment Law Newsletter: February 2013

by Laura Flynn, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 2/11/2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Inside Sales Exemption Poorly Understood by Many Employers

by Hopkins & Carley on 2/11/2013

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

The Gentry Test On Enforceability Of Class Action Waivers In Arbitration Agreements Remains Good Law In California

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Franco v. Arakelian Enterprises, Inc., No. B232583 (Cal. App. 2d, November 26, 2012): In a recent decision by the Second Appellate District of California, the court held that the multifactor test set forth by the California...more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2012

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Kadden v. VisuaLex, LLC, No. 11-CV-4892(SAS) (S.D.N.Y. Sept. 24, 2012, Sheindlin, J.): The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and...more

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Wage and Hour › Unpaid Overtime

Will Comp Time Become A Reality For The Private Sector?

Ohio District Court Denies Conditional Certification In FLSA Case

Employment Law Newsletter: February 2013

Inside Sales Exemption Poorly Understood by Many Employers

The Gentry Test On Enforceability Of Class Action Waivers In Arbitration Agreements Remains Good Law In California

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

Working at the Car Wash, Yeah

Unreviewed NJDOL Determination Not Binding In Subsequent Lawsuit, New Jersey District Court Rules

Supreme Court’s Rx for Pharmaceutical Industry

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